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  1. #1
    Join Date
    Feb 2011
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    Default Ticketed by Officer from a Different Jurisdiction

    My question involves a reckless driving ticket from the State of: CT

    I was pulled over for reckless driving by an officer from a different town (town a) than the one I was in (town b). The arresting officer never had his lights -- I would've noticed the flashing lights at night.

    I entered town b with no cops or anyone behind me. I pulled into a lot at town b and dropped a friend off and noticed the cop from town a come into the lot and pull me over...I was arrested for reckless driving and wasn't even asked to give a statement or defend myself, or say anything to my defense. Upon arrest, I noticed that no officer from the town b was present.

    I have my arraignment this Thursday and I don't even know why I was pulled over

    What can I use as my defense. For the record, I don't recall doing anything erratic or driving over 85 (which in CT constitutes reckless driving).

    Thanks for the help.

  2. #2
    Join Date
    Mar 2009
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    LA LA Land
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    9,175

    Default Re: Ticketed by Officer from a Different Jurisdiction

    Quote Quoting CarFanatic
    View Post
    My question involves a reckless driving ticket from the State of: CT

    I was pulled over for reckless driving by an officer from a different town (town a) than the one I was in (town b). The arresting officer never had his lights -- I would've noticed the flashing lights at night.

    I entered town b with no cops or anyone behind me. I pulled into a lot at town b and dropped a friend off and noticed the cop from town a come into the lot and pull me over...I was arrested for reckless driving and wasn't even asked to give a statement or defend myself, or say anything to my defense. Upon arrest, I noticed that no officer from the town b was present.

    I have my arraignment this Thursday and I don't even know why I was pulled over

    What can I use as my defense. For the record, I don't recall doing anything erratic or driving over 85 (which in CT constitutes reckless driving).

    Thanks for the help.
    A sworn police officer in one state usually has powers to stop, investigate and cite offending drivers in the entire state (not just in the area where they are employed). As long as the citation is filed and the matter gets adjudicated in the court having jurisdiction over that particular area (city/county) where the alleged offense took place, then it is proper and valid.

    There are times when the officer only needs to testify to what he/she witnessed regardless of whether you gave a statement or said anything at the time of the stop/during the period of the detention. As for "defending yourself", that is what the court is for... You don't defend yourself on the side of the road or during the time you were at the police station. In fact, more often than not, it is in your best interest to keep quite and not give a statement/defend your self during the stop/period of detention (remember the "right to remain silent/anything you say can be used against you IN COURT"?) I assume that you were given a citation (just prior to you being released from custody) which lists the alleged violations that you committed (statutes/code section) and at this point in time, that is the extent of what the officer is obligated to do.

    Here is CT's Reckless driving statute (I assume this is the section number listed on your citation):
    Sec. 14-222. Reckless driving.
    (a) No person shall operate any motor vehicle upon any public highway of the state, or any road of any specially chartered municipal association or of any district organized under the provisions of chapter 105, a purpose of which is the construction and maintenance of roads and sidewalks, or in any parking area for ten cars or more or upon any private road on which a speed limit has been established in accordance with the provisions of section 14-218a or upon any school property recklessly, having regard to the width, traffic and use of such highway, road, school property or parking area, the intersection of streets and the weather conditions. The operation of a motor vehicle upon any such highway, road or parking area for ten cars or more at such a rate of speed as to endanger the life of any person other than the operator of such motor vehicle, or the operation, downgrade, upon any highway, of any motor vehicle with a commercial registration with the clutch or gears disengaged, or the operation knowingly of a motor vehicle with defective mechanism, shall constitute a violation of the provisions of this section. The operation of a motor vehicle upon any such highway, road or parking area for ten cars or more at a rate of speed greater than eighty-five miles per hour shall constitute a violation of the provisions of this section.

    (b) Any person who violates any provision of this section shall be fined not less than one hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days or be both fined and imprisoned for the first offense and for each subsequent offense shall be fined not more than six hundred dollars or imprisoned not more than one year or be both fined and imprisoned.

    As you can see, driving at over 85mph is not the only action that constitutes "reckless driving".

    Considering the fact that this is a criminal charge that includes jail time, you may want to consult with an attorney in your area to discuss your options and proceed accordingly. You and/or your attorney maybe able to request discovery from the the DA/prosecuting attorney/citing agency to ascertain what actions the officer based the issuing of the citation on.

  3. #3
    Join Date
    Feb 2011
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    6

    Default Re: Ticketed by Officer from a Different Jurisdiction

    I thought that I am supposed to be given my miranda rights if the officer will use what I say in court...nonetheless, I didn't say anything to the arresting officer.

    He asked how fast I was going and I told him I didn't know. He said he knew how fast he was going.

  4. #4
    Join Date
    Sep 2010
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    9,270

    Default Re: Ticketed by Officer from a Different Jurisdiction

    You weren't under arrest. The police are free to question you without any constitutional warnings or other legal advice prior to you being in custody. Even if you were arrested, all the absence of Miranda would do would be to invalidate any subsequent statements.

  5. #5
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    Feb 2010
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    CT & IL
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    Default Re: Ticketed by Officer from a Different Jurisdiction

    When the cop ask me a question, I answer with a question... "How fast you going?", "what?" "you stupid son?", "what, how do you know I'm somebody's son?"

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