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DUI, pulled miles out of jurisdiction

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Michelle08

Junior Member
What is the name of your state (only U.S. law)? Kentucky.

A few days ago, I was driving from within the city limits, to outside the city limits. A car was behind me, but I didn't think it was a police car. Yes, I was swerving as I was driving a little distracted. Nearly 7 miles out of city limits I was pulled over by an off duty city police officer. The time of being pulled over until the time of arrest was at least 45 minutes or more, but I will shorten the story and get to the points. I had nobody with me as a witness. The off duty officer called in another CITY police officer and they both proceeded to give me sobriety tests. I failed the "stand on one leg" one, as I can barely do that anyway, especially in boots on an unlevel ground. The heel to toe test, I was told I passed it (on my paperwork, it says I failed due to not standing in position while being given the intructions). My paperwork also says I failed the eye test with nystagmus prior to 45 degrees and lack of smooth movement. They took the brown ink pen (at night) to more like a 75 degree angle. While keeping my head straight, I could barely see the pen, though I kept trying even though it was out of focus. With two cops against one, I know there's no way to prove all this, and the city cops are dirty and would/have lie(d) in court. The officer claimed he followed me 7 miles and I was swerving the whole time. Also, I am on Suboxone, so taking one per day will make me over the limit, but anyone with any knowledge on opiod dependence knows after 9 months of daily suboxone use, it will not make a person "high". Thought I'd throw that in there, because otherwise, I will fail in court. My questions are as follows: Was my arrest (in the state of KY) legal due to jurisdiction laws (he turned his blue lights on appx .1 mile before I turned off), so he was not in pursuit, is that legal? Is there a certain amount of miles an officer is allowed to follow you (while claiming you're weaving the whole time) before he must pull you over? The paperwork says "Exact location of incident", and the paperwork just says the name of the road, which goes completely through town and the county. The only witness I have of any sorts is my father and mother. They came and picked the car up, so they know where it was sitting. In addition, my father has put me in jail before on more than one occassion. He and my mother are both upstanding citizens, and would be respectable witnesses in court. Thank you in advance for answering my questions.
 


justalayman

Senior Member
what makes you think he had no jurisdiction where he stopped you?


they can follow you all day long if they wish to.
 

Michelle08

Junior Member
reply to justalayman

And I've been told being followed for a certain amount of miles by an officer is harassment.
 

justalayman

Senior Member
And I've been told being followed for a certain amount of miles by an officer is harassment.



if a cop is following you with cause, he can follow you all day long.


You really need to check to see if the cop actually was out of jurisdiction. Often times their jurisdiction is not as limited as you believe. If it was that simple, why would a cop bother? If all it took was; he was out of jurisdiction, and the case gets tossed, it makes no sense.
 

CavemanLawyer

Senior Member
A police officer is a police officer regardless of where they are and never lose their authority as a peace officer just by crossing a city boundary line. Jurisdiction matters when it comes to proving WHERE the crime took place. Assuming jurisdiction did change as you crossed outside of city limits, and assuming you were in fact legally intoxicated, that means that you commit the offense of DUI in BOTH jurisdictions. You could be investigated by either jurisdiction's agencies and your single DUI charge could be prosecuted by either locality. Officers are forced to cross boundary lines all the time on vehicular crimes for obvious reasons.
 

Michelle08

Junior Member
Thanks for the info but...

Cases are tossed all the time due to technicalities. He claimed he followed me for 7 miles and claimed I was all over the road. If he was to suspect me of drunk driving, and not pulled me for miles, lives could have been at stake. It's 7 miles to city limits, probably why he said that. Is there anyone out there that knows about jurisdiction laws? Because I've heard all kinds of things about the length of time he can follow me with probable cause, and jurisdiction rules. Anyone with an experience or someone that had a friend in the same situation? Idk, I'm gonna talk to a real lawyer and not just a public pretender. If u knew how corrupt the court system was here, nothing would surprise you.
 

Ohiogal

Queen Bee
Cases are tossed all the time due to technicalities. He claimed he followed me for 7 miles and claimed I was all over the road. If he was to suspect me of drunk driving, and not pulled me for miles, lives could have been at stake. It's 7 miles to city limits, probably why he said that. Is there anyone out there that knows about jurisdiction laws? Because I've heard all kinds of things about the length of time he can follow me with probable cause, and jurisdiction rules. Anyone with an experience or someone that had a friend in the same situation? Idk, I'm gonna talk to a real lawyer and not just a public pretender. If u knew how corrupt the court system was here, nothing would surprise you.
A public pretender? You are kidding right? YOu are aware that public defenders attend the same law schools and pass the same bar as the "real lawyers"? What was your BAC? I note you didn't mention that in your nice little diatribe. Maybe if you weren't a drug addict you would have a better understanding of life.
 

FlyingRon

Senior Member
Kentucky peace officers have statewide jurisdiction for various things including an explicit "if he has probable cause to believe a driver is driving under the influence..."

Following suspected criminals around isn't harassment, it's what we call good police work. They don't need to stop you on the first indication, but go and see if you either provide further evidence of the crime or commit other crimes.

You need a lawyer, it's a shape you have a dim view of them. THey are your only hope.
 

Zigner

Senior Member, Non-Attorney
You admit that you were swerving. It seems to me that the police officer was giving you AMPLE opportunity to show that the swerves were caused by a momentary lapse in concentration, as opposed to intoxication. What a nice police officer!
 

CSO286

Senior Member
And in most states, city, county and state LE agencies have something called "mutual aid agreements" which allow officers in one jurisdiction to continue into another when they are doing their job.

Something for which I an very grateful, givisn the rural community I live in. The last time we had reason to call to sheriff's office, it was an officer from the neighboring county who responded to the call as he was closest.
 
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Michelle08

Junior Member
Teach me, please!!

A public pretender? You are kidding right? YOu are aware that public defenders attend the same law schools and pass the same bar as the "real lawyers"? What was your BAC? I note you didn't mention that in your nice little diatribe. Maybe if you weren't a drug addict you would have a better understanding of life.
Oh, I was so unaware! My struggle with drug addiction has taught me nothing about life at all! Please, Ohiogal, teach me all you know so that I may better understand the ways of life, such as judgement on another. Will you please teach me that? Considering you don't know me at all and have no clue what this "life" has taught me about life. I've endured a whole lot of life experience, and I know what the true meaning of life is and the only way to be happy. In fact, my hardships has taught me several things, one is not to judge. Go ahead and brind up the "pretenders" thing I said. You aren't from my town so therefore you wouldn't know that whatever the county attorny says, gos when you have a public defender. Because they haven't earned enough respect as a lawyer in this little town. Really though, what do I know? I've been high too long to have learned anything about life experience. <--- Insert sarcasm. You don't know me and I've given you plenty of words about myself. But your one little statement there says a world about you.
 

Silverplum

Senior Member
Oh, I was so unaware! My struggle with drug addiction has taught me nothing about life at all! Please, Ohiogal, teach me all you know so that I may better understand the ways of life, such as judgement on another. Will you please teach me that? Considering you don't know me at all and have no clue what this "life" has taught me about life. I've endured a whole lot of life experience, and I know what the true meaning of life is and the only way to be happy. In fact, my hardships has taught me several things, one is not to judge. Go ahead and brind up the "pretenders" thing I said. You aren't from my town so therefore you wouldn't know that whatever the county attorny says, gos when you have a public defender. Because they haven't earned enough respect as a lawyer in this little town. Really though, what do I know? I've been high too long to have learned anything about life experience. <--- Insert sarcasm. You don't know me and I've given you plenty of words about myself. But your one little statement there says a world about you.
Alrighty then.
 

justalayman

Senior Member
Oh, I was so unaware! My struggle with drug addiction has taught me nothing about life at all! .
It would appear your struggles with drugs have taught you to not stand up and face the responsibilities of life. You attempt to escape whatever charges you face, not because the are not valid but simply based on some BS (and incorrect) understanding of the law. Your actions here are why a hundred years of treatment will do nothing for you. The first step you always have to take is accepting that you do have a problem. You saying you have a problem is not accepting you have a problem. Your actions have shown the confession is nothing more than lip service.

So, so far nothing you have said is a valid defense to whatever you are charged with. Sounds like you need to find a lawyer.

Sounds like you need to stop basing your defense on what you have seen on cop shows as well.
 

Silverplum

Senior Member
What is the name of your state (only U.S. law)? Kentucky.

A few days ago, I was driving from within the city limits, to outside the city limits. A car was behind me, but I didn't think it was a police car. Yes, I was swerving as I was driving a little distracted. Nearly 7 miles out of city limits I was pulled over by an off duty city police officer. The time of being pulled over until the time of arrest was at least 45 minutes or more, but I will shorten the story and get to the points. I had nobody with me as a witness. The off duty officer called in another CITY police officer and they both proceeded to give me sobriety tests. I failed the "stand on one leg" one, as I can barely do that anyway, especially in boots on an unlevel ground. The heel to toe test, I was told I passed it (on my paperwork, it says I failed due to not standing in position while being given the intructions). My paperwork also says I failed the eye test with nystagmus prior to 45 degrees and lack of smooth movement. They took the brown ink pen (at night) to more like a 75 degree angle. While keeping my head straight, I could barely see the pen, though I kept trying even though it was out of focus. With two cops against one, I know there's no way to prove all this, and the city cops are dirty and would/have lie(d) in court. The officer claimed he followed me 7 miles and I was swerving the whole time. Also, I am on Suboxone, so taking one per day will make me over the limit, but anyone with any knowledge on opiod dependence knows after 9 months of daily suboxone use, it will not make a person "high". Thought I'd throw that in there, because otherwise, I will fail in court. My questions are as follows: Was my arrest (in the state of KY) legal due to jurisdiction laws (he turned his blue lights on appx .1 mile before I turned off), so he was not in pursuit, is that legal? Is there a certain amount of miles an officer is allowed to follow you (while claiming you're weaving the whole time) before he must pull you over? The paperwork says "Exact location of incident", and the paperwork just says the name of the road, which goes completely through town and the county. The only witness I have of any sorts is my father and mother. They came and picked the car up, so they know where it was sitting. In addition, my father has put me in jail before on more than one occassion. He and my mother are both upstanding citizens, and would be respectable witnesses in court. Thank you in advance for answering my questions.
I'd keep the bolded as a signature for a while, but then people who do not thoroughly read would think *I* had been put in jail by my own father. :p
 

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