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  1. #1
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    Default Speeding Tickets and County Court Jurisdiction

    My question involves a traffic ticket from the state of: California.

    I received a ticket by CHP. The description of the location of the violation on the ticket clearly east of a street, but the county line begins clearly west of that street. So, the violation clearly occurred in one county, but the ticket states to appear in another county court. I know the CHP has statewide jurisdiction, but don't you need to be tried in the county in which the violation occurred?

    Does a county court have jurisdiction of traffic violations that occurring other counties?

    Can I go to that court and at the arraignment, ask to have the case dismissed due to improper venue?

    If it does get dismissed, can I then be prosecuted in the correct county court? If so, wouldn't that be trying a person for the same crime twice?

  2. #2
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    Default Re: County Court Jurisdiction

    Quote Quoting Ru48
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    Can I go to that court and at the arraignment, ask to have the case dismissed due to improper venue?
    Sure you can. Chances you will succeed, pretty close to nil!

    Yes they can refile and no, you were never tried the first time, in fact you never entered a plea, so how could it count as if you were/had?

  3. #3
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    Default Re: County Court Jurisdiction

    Depending on the violation, it might have continued across the county line.

    But, you are certainly free to move that the case be heard in the other county if that's your preference.

  4. #4
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    Default Re: County Court Jurisdiction

    Entering a plea isn't the defining point as to whether double jeopardy is an issue. The trial has to start (witness called).

  5. #5
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    Default Re: County Court Jurisdiction

    Quote Quoting cdwjava
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    Depending on the violation, it might have continued across the county line.
    There are also times where the county line splits a particular roadway down the middle... So where would a crossing over dividing section citation get adjudicated?

    I don't know about anyone else but to me, any post where it is clear that some effort was made to circumvent disclosing information that might help resolve the issue one way or another (such as particular location or the offense charged) is (as you would say) as "nonstarter".

    Quote Quoting flyingron
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    Entering a plea isn't the defining point as to whether double jeopardy is an issue. The trial has to start (witness called).
    Great point Ron. I had not though about it from that stand point, in fact my comment about having "never entered a plea" still places him far from the juncture where double jeopardy would become a question and is in fact a detour that will ensure that he will never get to a point where it is a viable option.

  6. #6
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    Default Re: County Court Jurisdiction

    I didn't think the location was a material fact for the specific questions asked and since I posted under speeding ticket, I thought that would be assumed.

    I received a ticket for violation 22349, going East bound on I80, East of Auburn Blvd. Since the Placer County line is location West of Auburn Blvd 500 to 1000 feet, the officer has clearly claimed that the violation occurred in Placer County. If the violation occurred in Placer County, the officer was parked on the side of the freeway in Placer County when he observed the alleged violation, and I live and work in Placer County, how does Sacramento County have any jurisdiction in this case?

    So this is not a case where a violation occurred crossing a street where the centerline of the street is the division of two counties.

    My speedometer was showing that I was going 67mph in a 65mph zone. The office claims that Lydar had me going 81mph. If the office didn't know where he was, how does he know which car was speeding. It was 1 am on a Sunday morning, so I know the officer was looking for a DUI and when he seen that I was not drunk, he gave me a ticket.

    I know that I have no chance winning against the officer in court, tried that about 30 years ago. So, I am hoping to get justice on a technicality. If you provide beneficial information, I would appreciate it.

  7. #7
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    Default Re: County Court Jurisdiction

    So, there is no way - you believe - that the officer saw you speeding in Sacramento County?

    Where you received the ticket is not the same as where the violation was observed.

  8. #8
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    Default Re: County Court Jurisdiction

    The location of the violation stated on the ticket states "E/B I80, E/O Auburn Blvd", which is clearly is in Placer County. So, if the officer made the observation in Sacramento County, the ticket should have stated W/O Auburn Blvd. Then the county of the location of the violation would have been unclear, since it would depend on how far West did the officer make his observation. BUT, that is not relevant to this case.

    So, where would I find the law that specifies the jurisdiction of county courts? It seems to me that everyone on this post are trying to avoid answering the question whether or not a County Court has jurisdiction of a traffic violation that was located in another county.

  9. #9
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    Default Re: County Court Jurisdiction

    Quote Quoting Ru48
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    I didn't think the location was a material fact for the specific questions asked and since I posted under speeding ticket, I thought that would be assumed.
    I don't know about anyone else... Personally, I like to deal with facts and find it frustrating when someone asks a question without providing pertinent facts... Its like you ask me a question only so that I will blindly agree with you regardless of whether my answer is correct or not. Yeah, moral support and all that is great if you can have it. Yet what good would my moral support do you in this case if my answer was "yes, you should contest the citation on the basis it was filed in the wrong county court" when in reality, Sacramento County was indeed the proper venue for your citation?

    Quote Quoting Ru48
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    So this is not a case where a violation occurred crossing a street where the centerline of the street is the division of two counties.
    You didn't provide any information for anyone to conclude that this was a case of a borderline splitting a street. So why would you assume it was related to your specific case? My comment was a hypothetical question that is related to the same topic but there was no intent for it to be specific enough to relate to your case in any way; I'm not sure why you would take exception to.

    Incidentally, had your question been related to "city borders" instead of "county borders" and when it comes to the actual line you were referring to, it does in fact boil down to a "border line splitting a particular street/highway in the middle... And I will demonstrate that bit in a minute. But first, this:

    Quote Quoting Ru48
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    I received a ticket for violation 22349, going East bound on I80, East of Auburn Blvd. Since the Placer County line is location West of Auburn Blvd 500 to 1000 feet, the officer has clearly claimed that the violation occurred in Placer County. If the violation occurred in Placer County, the officer was parked on the side of the freeway in Placer County when he observed the alleged violation, and I live and work in Placer County, how does Sacramento County have any jurisdiction in this case?
    I don't know where you get your information from but you are way off.... I-80 does not cross the Placer County borderline with Sacramento County for yet another 5.8 or so miles north-east of the point you indicated. In other words and if you were to compare the locations in the map shown below, the area you are suggesting is enclosed in the yellow circle at the bottom of the image. Yet the actual Sacramento/Placer Borderline is farther to the northeast/inside the orange oval I drew towards the top of the image.



    So your alleged violation occurred in Sacramento County, and Sacramento County is in fact the proper venue where it should be adjudicated. You can review this interactive map for yourself by visiting the Sacramento County website and clicking on Sacramento County Online Map (under Area Resource Maps).

    Quote Quoting Ru48
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    So, where would I find the law that specifies the jurisdiction of county courts?
    There will be no need for that law...

    Quote Quoting Ru48
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    So, where would I find the law that specifies the jurisdiction of county courts? It seems to me that everyone on this post are trying to avoid answering the question whether or not a County Court has jurisdiction of a traffic violation that was located in another county.
    No... It seems you are stuck on erroneous facts that presume the borderline of the CITY of Sacramento to being the borderline of the COUNTY of Sacramento. Even if we were stuck on whatever it is you think we are stuck on, no one is under any obligation to provide you with jack sh!t. I am not sure where people get their sense of entitlement from, but you are owed nothing here! You can at least try and ask politely but no, you act like we have to find you the law that meets your needs.

    As for the line you are speaking of, and if you were to go to the interactive map I linked above, and zoom in on the general area you mentioned in your post, you can clearly see that it represents the borderline for the CITY of Sacramento with neighboring unincorporated areas described as Charmichael, and that particular line (look inside the red rectangle) does in fact split Auburn Blvd in half throughout its entire stretch between Howe Ave and the intersection with Winding Way.



    Coincidence? Sure... But still, even when YOU were way off with your information, my comment was somewhat pertinent relative some border and the manner it is drawn.

  10. #10
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    Default Re: County Court Jurisdiction

    If you look closely at your map, you will find in the yellow area, that I80 never crosses Auburn Blvd at that location. Where I80 crosses Auburn Blvd is in the orange area. If you look closely at the map, you will see Auburn Blvd make a left turn and Old Auburn Blvd continues on. After the left turn, Auburn Blvd continues over I80 and at Cirby Way it turns into Riverside.

    Again and again, I am being accused that my facts are wrong. My facts are 100% accurate. I find it a little frustrating when I provide accurate facts and then I am told that my facts are incorrect.

    I never meant to come off like I was entitled to anything. All I have done is asked a couple of questions and now it seems that I am under attack.

    - - - Updated - - -

    Hey "That Guy", it finally dawned on me why you have confusion on the location of the violation. It is because the location doesn't technically exist in which I will explain in a bit, but let me clarify the event and its location first and make a correction to my previous postings.

    I was traveling in lane #3, shortly after crossing order the Riverside overpass, I started to switch to lane #2 and that is when I saw the patrol car on the side of the road. Within about a 1/4 mile, he was right behind me. I proceeded in that lane for another 1/4 mile or so and then started to move into lane #1 because I was going to take off the next exit which is the exit to take to go to my home. As I moved into lane #1, the officer hit me with all of his lights. Over the loud speaker, I was told to take off the next exit. After about another 1/2 mile, I moved into the designated turn lane for the next off ramp. As I entered the off ramp, I started to slow down and pull over. I was then instructed to continue down the off ramp, turn onto Douglas Blvd and then make a right on to Sunrise Blvd. I followed his direction to Sunrise Blvd and made the right turn, when I was instructed to turn into the first parking lot. The officer obviously new this area very well. Douglas Blvd. is located about 2.5 miles from the Sacramento County line.

    In my previous post I stated that Auburn Blvd went across the overpass and change into Riverside at Cirby Way. I am completely wrong. Auburn Blvd goes to the Sacramento county line where it changes into Riverside at the county line and Riverside goes over the freeway. Another correction to a previous post was that I stated the distance from the county line to the overpass was about 500 - 1000 feet, when actually it is over 1600 feet.

    Using your map references, I looked at the entire length of Auburn Blvd and at no time does Auburn Blvd cross over I80. It is at all times located south or southeast of I80. Since Auburn Blvd doesn't cross over I80, when the ticket references east of Auburn Blvd., it is more specific but equivalent too, stating east of the Pacific Ocean. Since Auburn Blvd is at no point west of I80, in order for the ticket to be on I80 east of Auburn Blvd, you need to find the point on Auburn Blvd that the the furthest east and the go east of that point. Auburn Blvd's furtherest point east is where it is traveling north/south into the county line where it turns into Riverside. So if you project an imaginary line going north from where Auburn Blvd ends at the county line to over the overpass, then the location specified on the ticket makes sense. Furthermore, that particular off ramp off the freeway states Auburn Blvd/Riverside. You can take a right to go to Auburn Blvd or travel under the overpass and circle around onto Riverside. If you make the right turn, you actually turn onto Riverside which turns into Auburn Blvd. in about 500 feet. If you knew the area like I do and like the officer does, you would have understood the reference points described on the citation.

    I hope now there is clarification on the location of the violation. Can we agree that the violation as described on the ticket is clearly in Placer County?

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