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Ticket Issued Across California Border; Speeding Only While Passing

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antoniedvorak

Junior Member
My two questions involve a speeding ticket from the State of California (issued in Nevada :).

1.) I have received my ticket (a 22349 b VC one) from a California Highway Patrol officer, but I was over the California state border and well into Nevada by the time I got stopped (and maybe also already by the time of the alleged violation).

QUESTION 1: Do I have an argument that the officer was outside of his jurisdiction (or however this would be formulated)?

2.) I went fast only in the moment of passing another car that went some 10 miles below the speed limit of 55 mph (I drove below the speed limit before and at the speed limit after accomplishing the passing, although I was busy looking for oncoming traffic, thus I do not know whether I was in fact speeding or not during the passing, although I doubt the actual ability of my old little car to accelerate from some 45 mph to 71 mph in such a short time).

QUESTION 2: Is it helping me any to note that the alleged violation was supposed to occur only at the moment of passing?

Thank you very much.
 
Last edited:


CdwJava

Senior Member
QUESTION 1: Do I have an argument that the officer was outside of his jurisdiction (or however this would be formulated)?
Both states have this covered in their statutes. If the officer followed you from CA where they observed the violation, they have the legal authority in NV to detain and cite you.

QUESTION 2: Is it helping me any that the alleged violation occurred only while passing?
Speeding is not generally lawful even for a few seconds while passing.

Making such an argument would be akin to "guilty" with an explanation.
 

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