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  1. #1
    Join Date
    Sep 2007
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    2

    Default Speeding Ticket Jurisdiction

    I live in Madison, WI. I got a speeding ticket from a Middleton police officer (Middleton is a town outside of Madison) while on the border of Madison and Middleton. I was still in Madison where i was speeding and where I stopped. Is the Middleton officer able to issue me a ticket outside of her juridiction?

  2. #2
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Jurisdiction

    If you were in Dane County, and the ticket says payable to the Clerk of Courts in Dane County then it would stand to reason the officer issued you a ticket within the jurisdiction of the court.

  3. #3
    Join Date
    Sep 2007
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    2

    Default Re: Jurisdiction

    Thanks for the reply. I also heard that if the officer is moving than the radar would be inaccurate. In my case I was heading into Middleton while the officer was heading out and she pulled a u-turn and pulled me over after I had slowed down.

  4. #4
    Join Date
    Aug 2007
    Posts
    3,837

    Default Re: Jurisdiction

    Quote Quoting goku26845
    View Post
    I live in Madison, WI. I got a speeding ticket from a Middleton police officer (Middleton is a town outside of Madison) while on the border of Madison and Middleton. I was still in Madison where i was speeding and where I stopped. Is the Middleton officer able to issue me a ticket outside of her juridiction?

    It seems apparant he has jurisdiction. Issuing a citation knowing full well legal authority does not exist is inviting trouble. State law either gives officer's statewide jurisdiction OR reciprocal agreements are in force between neighboring communities.

    If city A gives officer's from bordering city B criminal law jurisdiction under it's "home rule" authority, that is perfectly legal.

    Somewhat similar to categorize I suppose as multi-jurisdictional task forces, as in drug crimes/enforcement. These officers have legal authority in any community it operates in, not just thier respective municipalities.

    However, if you are of a mind to challenge jurisdiction, that is your right to request a ruling on it from the court if you feel the officer exceeded authority.

  5. #5
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Jurisdiction

    I don't know about WI, but I can tell you how it works in WA. ALL police officers, municipal, county and state are sworn to "uphold the laws of the State of Washington". If you are violating "state" law, no matter where they are, they can arrest you or write you a citation.

    That is not to say that a police officer from, say, Kent can write you a citation in Renton for a violation of a Kent ordinance. In that case they have no jurisdiction. But a Kent officer CAN and WILL write you a citation in Renton if you are speeding, as long as they cite the state statute for speeding.

    As far as radars go, there are moving radars and there are stationary radars (and some can be used in either mode). However, you cannot use a stationary-only radar (e.g. Kustom Talon) from a moving vehicle (although a moving radar will certainly work from a stationary position). If you think that the radar in question was, in fact, a stationary model, you will have to request the make and model of the radar through discovery. Then you will have to show that this particular model is a stationary-only model and was used improperly from a moving vehicle. My guess is that the radar in question was, indeed, a moving radar -- but it doesn't hurt to ask the question.

    Good luck,
    Barry

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