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speeding ticket has incorrect information

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M

Mark E. Allen

Guest
i was stopped for speeding in kenneth city fl. the police officer wrote on the ticket that he caught me on the other side of town outside his juristiction. can this citation hold up in court?
 


racer72

Senior Member
Here is what will happen if you contest the citation.
Scene: average American courtroom.
Bailiff: State vs. Mark E. Allen
Judge: Mr. Allen, what evididence can you provide for dismissal of this citation?
You: The location is incorrect. It is on the other side of town out of the officers jurisdiction.
Judge: And where were you cited?
You: 1313 Mockingbird Lane West, the citation says 1313 Mockingbird Lane East.
Prosecutor or representative thereof: State moves to amend citation.
Judge: Granted. Ok, now the location is correct. Mr. Allen, do you have anything else?
You: No.
Judge: Pay the clerk on your way out. Next.
 
M

Mark E. Allen

Guest
completly different

this is what the ticket says,"4300 blk of 54av" the infraction was at 4300 blk of 66st. the address the officer stated is out of his juristiction. the infraction occured outside of his jurististion also. where the officer was sitting when he hit me with radar was out of his juristiction also. do you have a different reply now or still the same. how can they be allowed to do this?
 

racer72

Senior Member
You do not present any information for just cause for dismissal. The location is easily amendable as described in my previous post. And I have never heard of an officer being outside of his jurisdiction as a defense in the 500 or so traffic court cases I have witnessed. Most police agencies allow overlapping of jurisdiction boundaries as a way of maintaining consistant traffic enforcement. I would suggest that you contact a local attorney for advice if you feel that strongly in fighting the citation. Good luck.
 

TYRIS

Member
Re: completly different

Mark E. Allen said:
this is what the ticket says,"4300 blk of 54av" the infraction was at 4300 blk of 66st. the address the officer stated is out of his juristiction. the infraction occured outside of his jurististion also. where the officer was sitting when he hit me with radar was out of his juristiction also. do you have a different reply now or still the same. how can they be allowed to do this?

most peoples perception is that if a peace officer is out of his jurisdiction he cannot enforce the law. this is a misconception. jurisdictional lines are only the areas that a peace officer normally enforces the law (ie: county or city areas). if i saw a crime being committed outside of my jurisdiction, whether on duty or off, and i chose to act, i could envoke my powers as a peace officer of that state and effect an arrest. in your situation, the officer was on duty and regardless of the jurisdiction , he observed a violation and took appropriate action.
 

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