Arizona DPS Jurisdiction to issue citation

[Abom83]

Arizona: Maricopa County

Does a DPS officer have the jurisdiction to issue a citation for a violation committed for a non-freeway infraction?

I made an illegal U-turn, clearly posted, on a surface street in Mesa, Arizona and was apparently seen by a motorcycle DPS officer. He followed me on to the freeway and pulled me over shortly afterwards. He told me he saw me do the U-turn and that I didn't come to a complete stop prior to making a right onto the freeway entrance ramp, after making the U-turn.

Arizona Statute 13-3871.authority of peace officers indicates, Where he has the prior consent of the chief of police, marshal, sheriff, or other department agency head with peace officer jurisdiction, or his duly authorized representative, having the primary responsibility for the law enforcement within the jurisdiction or territory.

Is using the above statute a valid argument in contesting the two citations cited on the ticket in my hearing? Or am I better off pleaing with the county attorney for reduced charges?

Any assistance and/or advice would be much appreciated.

Thank you,

Abom83

 

[lwpat]

"Does a DPS officer have the jurisdiction to issue a citation for a violation committed for a non-freeway infraction?"

Yes

"Is using the above statute a valid argument in contesting the two citations cited on the ticket in my hearing?"

No

"Or am I better off pleaing with the county attorney for reduced charges?"

Yes

See how easy that was. Almost as easy as an illegal U turn.

 

[knotcops]

See, you thought, like so many other people living there, believed you could get away with that illegal U-turn instead of sitting in that long long line to make a left onto the freeway, didn't you? You crossed over the freeway and made that U-turn just past the island, correct? Were you on Mesa, Country Club, Alma School, Dobson or closer to Apache Junction? You must be new to the area, cause they get you everytime.

You see, the engineers who designed the freeway on and off ramps in the Phoenix valley must never of heard of the clover leaf ramps like in L.A. area. Meld on, meld off. So you have this cluster F*** mess of left turns onto freeway ramps that cause a major back-up of traffic at rush hour.

I believe they did it for the revenue enhancement that comes from fining the illegal U-turns!

DPS in Arizona can write tickets everywhere, including on the Reservations.

 

[Abom83]

Knotcops - You are sooooo right!

Anyway, the question really is not the DPS authority to write a civil traffic citation, it is the proof of documentation. ARS 13-3871 clearly indicates that DPS can write a civil traffic ticket IF THEY HAVE WRITTEN permission of the lowest underlying municipality. (In this case City of Mesa, not Maricopa County.)

Under my Constitutional right to "face my accusers" can I demand to see that written proof of authority? If they cannot provide the documentation, they cannot acknowledge the authority to write the citation. The statute does not give them the authority, it gives permission for DPS to strike an arrangement with Mesa. How do I know that was done? If the officer cannot provide proof of his authority to write the citation, his citation is potentially invalid. It's not fair to "assume" that all of DPS's paperwork is in order.

I know it's unusual, but everyone is afraid to challenge DPS. I'm just questioning a fundamental assumption that could indeed be wrong.

Thanks!

Abom83

 

[knotcops]

Quote:
"Arizona Statute 13-3871.authority of peace officers indicates, Where he has the prior consent of the chief of police, marshal, sheriff, or other department agency head with peace officer jurisdiction, or his duly authorized representative, having the primary responsibility for the law enforcement within the jurisdiction or territory".


I believe you'll find that DPS jurisdiction is derived from State authority and they don't need prior consent.

Anyone else want to weigh in on this?