Careless driving in PA, out of jurisdiction officer

[tusp2014]

What is the name of your state (only U.S. law)? PA

I was traveling on a highway normally patrolled by state police for moving violations, but local police often travel this road too. I noticed an out of jurisdiction officer traveling in the right lane on the two lane road, so decided to pass him in the left lane. Before I got the chance to pass him, he signaled over left and pressed his brakes, then signaled and went back over to the right lane. I stayed in the left lane and passed him going 65 mph, the speed limit. He then signaled and then started following me and hit his lights. I was cited for PA MVC 3714 A, careless driving, a 3 point offense. "Def. did operate 70 mph on wet roadway with careless disregard for persons and property."

My question/concern:
The cop told me the ticket was legit because of a mutual aid agreement between police depts. in the county. I always understood a mutual aid agreement to be when an outside police dept. responds to a call or request from within that jurisdiction. I didn't think they were allowed to act as primary or first responders unless fulfilled by the 6 exceptions in the municipal police jurisdictions act. A misdemeanor or felony was not observed, and the PO was not dully employed by both departments. I thought a cop from that jurisdiction would have to be the citing office on the ticket at minimum for the charges to hold (for example the cop would have to wait for an in jurisdiction officer to show up and their name would have to be the officer on the citation).

I have already plead not guilty. Theres a few other details of why I think I can get this thrown out, but won't go into detail unless someone reading would like to know. My citation says I was cited in City A (while actually within in City B limits), at "Exit 3." (City A was the out of jurisdiction officers city). This exit lies within City B, and the highway number was also not indicated on the citation. I also have the 2nd part of the incident, when I was cited recorded on my phone.

Any help or advice is much appreciated.

 

[antiquedriver]

Well what magistrate got your ticket? Since the location of the stop determines what judge sees the ticket, the officer might not have his location correct if hes not familar with the area. Typically the state police in PA handle highways (state roads) but if your seen doing something illegal they can pull you over and give you a ticket. I can give you a ticket (citizens arrest) for the same thing. Your defense is very poor. But you can challenge the ticket itself 5 mph over the posted speed limit thats below the guidelines for tickets its usually 10mph because of device errors. How did he clock you? Was his device properly maintained and can he prove this (typically they come to court with the maintenance paperwork). Seems like the officer was trying to pull you over for a search or DUI check and had to give you a ticket or you were just rude which usually will get you a ticket. I got a ticket when I was 18 for having a high school tassel hanging down under my rear view mirror the cop said it was an obstruction to seeing through the car. I know he was just messing with me looking for drugs or alcohol so when we went to court the judge yelled at the officer and dismissed the case.

 

[OHRoadwarrior]

Municipal Police Jurisdiction Act 42 Pa. C.S.A. 8953

This is what allowed him to tag you. OH has a similar law.

 

[tusp2014]

thanks for the responses.

My mom was in the car with me as well and shes coming as a witness. I have a clean driving record for the past couple years, I just don't want a charge that carries 3 points and my insurance goes up, just went down for turning 25. No accidents to me on my record, just 3 prior speeding tickets from years back.

So my story is pretty much I passed an out of jurisdiction office on an expressway, and I think I ticked him off by passing him, he was getting off the exit 1/2 mile up I pulled over at. But my defense lies in 2 places I think.

1. He had no right to pull me over to begin with.
2. My driving should not be defined as "careless." I made a legal pass in rainy conditions going 5mph over the speed limit.

The cop pulling out in front of me and putting on his breaks seemed more dangerous/careless than me passing after he did so.

The magistrate sees cases for both cities.

My town even has a mutual aid police agreement with a bordering city, but they are only allowed to respond to a call or complaint within the district, or are allowed to assist state police calls legally in the neighboring town with no police force. They can't do traffic enforcement. Aid agreements allow officers to assist neighboring departments. To me, if my ticket is enforced, it would show local cops have free reign by abusing a municipal agreement.

I talked to a local cop in my town, here is what he thought was the case: Here in PA the state police are the only ones with all out territorial authority, the new PA law allows cops to form "regional" police departments. If 5 neighboring cities want to form a police department they can, but it also has to be named and the jurisdiction defined. Out of jurisdiction officers are only allowed to assist from complaints within the jurisdiction seeking help.

I also looked at PA MVC 8953.
Statewide municipal police jurisdiction.
(a) General rule.--Any duly employed municipal police officer
who is within this Commonwealth, but beyond the territorial limits
of his primary jurisdiction, shall have the power and authority to
enforce the laws of this Commonwealth or otherwise perform the
functions of that office as if enforcing those laws or performing
those functions within the territorial limits of his primary
jurisdiction in the following cases:
(1) Where the officer is acting pursuant to an order issued
by a court of record or an order issued by a district magistrate
whose magisterial district is located within the judicial
district wherein the officer's primary jurisdiction is situated,
or where the officer is otherwise acting pursuant to the
requirements of the Pennsylvania Rules of Criminal Procedure,
except that the service of an arrest or search warrant shall
require the consent of the chief law enforcement officer, or a
person authorized by him to give consent, of the organized law
enforcement agency which regularly provides primary police
services in the municipality wherein the warrant is to be served. -NO
(2) Where the officer is in hot pursuit of any person for
any offense which was committed, or which he has probable cause
to believe was committed, within his primary jurisdiction and
for which offense the officer continues in fresh pursuit of the
person after the commission of the offense. -NO (I was already out of territory).
(3) Where the officer has been requested to aid or assist
any local, State or Federal law enforcement officer or park
police officer or otherwise has probable cause to believe that
the other officer is in need of aid or assistance. -NO
(4) Where the officer has obtained the prior consent of
the chief law enforcement officer, or a person authorized by
him to give consent, of the organized law enforcement agency
which provides primary police services to a political subdivision
which is beyond that officer's primary jurisdiction to enter
the other jurisdiction for the purpose of conducting official
duties which arise from official matters within his primary
jurisdiction.-MAYBE on this one, he was turning around to go back to his own territory most likely.
(5) Where the officer is on official business and views
an offense, or has probable cause to believe that an offense
has been committed, and makes a reasonable effort to identify
himself as a police officer and which offense is a felony,
misdemeanor, breach of the peace or other act which presents an
immediate clear and present danger to persons or property. -This one possibly too because "danger to persons or property."
(6) Where the officer views an offense which is a felony,
or has probable cause to believe that an offense which is a
felony has been committed, and makes a reasonable effort to
identify himself as a police officer. -Not a criminal defense to this degree, and the cop never identified himself or what jurisdiction he was from.

I'm not worried, just looking for some advice. And the PO wrote "self," meaning he timed me using his speedometer from following me. Locals can only use VASCAR lines to time, no radars whatsoever. Staties are the only ones who can use radar, and they are stationary ones, they don't use moving radar.

 

[HighwayMan]

My mom was in the car with me as well and shes coming as a witness.

And what is your point in recording the encounter? What evidence does that provide?

...just went down for turning 25. No accidents to me on my record, just 3 prior speeding tickets from years back.

You're kidding right? "Years back"? You're only 25 so how many years ago could it have been? And THREE speeding tickets? That's hardly very good.

So my story is pretty much I passed an out of jurisdiction office on an expressway, and I think I ticked him off by passing him, he was getting off the exit 1/2 mile up I pulled over at. But my defense lies in 2 places I think.

Bottom line is if the car says "police" on the side treat it the same as you would your local police. That's a pretty good rule of thumb.

1. He had no right to pull me over to begin with.

Well obviously he disagreed. If you're right then you'll win.

2. My driving should not be defined as "careless." I made a legal pass in rainy conditions going 5mph over the speed limit.

You can be driving carelessly even while at the speed limit or below it depending on the conditions. The speed limit is not necessarily relevant here.