Out of Jurisdiction?

What is the name of your state?State: Florida
Dept: Florida Highway Patrol
Location: Jupiter Farms Road, Palm Beach County, Florida
Citation: 38 in a 30
Statute: 316.189(2)

While driving down Jupiter Farms Road on saturday; I was pulled over by a State Trooper returning from the County Sheriff's Sub-Station on said road. When pulled over a passing Sheriff's Deputy stopped to ask if the State Trooper needed him to write the ticket.

This makes me ponder if the State Trooper was in his jurisdiction. Does anyone here know the law in Florida and where a State Trooper has the right to issue citation?

If he was out of jurisdiction is it possible to have this ticket thrown out? Also, does anyone think I have a good enough case to take to a traffic lawyer?

Thank you,

MoGeN

MoGeN said:

This makes me ponder if the State Trooper was in his jurisdiction. Does anyone here know the law in Florida and where a State Trooper has the right to issue citation?

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A state trooper can issue a citation anywhere in the state.

JETX said:

A state trooper can issue a citation anywhere in the state.

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According to Florida Statute 321.05 a Florida Highway Patrol Officer is, and I quote, "To patrol the state highways and regulate, control, and direct the movement of traffic thereon;"

Based solely upon this statement it would appear to me that the Officer, on a county road not designated as a state or federal highway, was not in the position to issue a citation.

Any comments?

Edit:

Found this on the FHP Official site:

"Troopers have statewide jurisdiction in enforcing all Florida laws and are specifically tasked with the enforcement of traffic laws, investigation of traffic crashes and car theft, removal of contraband from the highways, and prevention of violence on the highways."

Which would possibly backup my statement until you proceed to the second line.

"Troopers are responsible for patrolling over 60,000 miles of state and county roads."

So unless Jupiter Farms Road is not a county road, state road, or state highway he was authorized to issue said citation.

MoGeN said:

Troopers have statewide jurisdiction in enforcing all Florida laws

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Seems pretty clear to me..... and just what I said in my original post.

If you disagree, you are certainly allowed to try to argue the issue of jurisdiction in court. And be sure to take enough funds to pay the amount of the ticket.

In the State of Florida, only the Florida Game and Wildlife Commission, has more authority. FWC officers can and do make arrests and control traffic on the roads, on the water, and in the air. It is the oldest law enforcement agency in the state.

A State trooper, has jurisdiction on ANY aspect of vehicle movement, anywhere in the state. Any state trooper is a statewide officer, with statewide jurisdictional authority. On or off duty, 24 hours each day. Wherever he/she wakes up in the state of Florida, jurisdiction is theirs.(Remember, Florida does not have a Florida Bureau of Investigation; and guess who provides the Governor's security in Florida?).

Locally, there are jurisdictional agreements between the Highway Patrol and city and county law enforcement. The city has jurisdiction on the Northbound traffic of such-and-such highway, and the Highway Patrol the Southbound traffic. In the event of a tie, guess who wins?

The FHP (like most state police) are very highly trainied and tend to enforce the speed where there have been real problems or complaints from the citizens.

They also wear very nice hats