Results 1 to 4 of 4
  1. #1
    Join Date
    Dec 2012
    Location
    Indiana
    Posts
    28

    Default Ticketed by an Officer Who Was Working Outside of His Jurisdiction

    My question involves a traffic ticket from the state of: Indiana

    I was stopped by an out of town officer. He told me he was working in this jurisdiction as part of an impaired driver "crackdown" program.

    He initially told me that he stopped me (his attention was attracted) because my exhaust pipe was throwing up sparks (mufflers had fallen off and I had to tie the tailpipe to keep it from dragging). He wanted to see all my information and looked through a bottle of prescription pills in my purse, questioning me on why they were cut into pieces (legal prescription with split pills to save $$). It was a very "weird" traffic stop.

    I received a ticket citing me for 44/30 (he did not mention speed until the end, when he was giving the ticket), driving without muffler(s) and no (proof of) financial responsibility. I was insured and can verify that.

    I just learned that I am expected to go to the Court from which the officer works. I learned that officers may write tickets even out of their "formal" jurisdiction, but I expected that Court proceedings would be held where the infraction(s) occurred.


    My question:


    IN Code 33-33-7-8 states :The "X county" superior court has the following jurisdiction:
    (1) Original, appellate, concurrent, and coextensive jurisdiction with the circuit court in all civil cases, criminal cases, and probate matters.
    (2) Concurrent and coextensive jurisdiction with the circuit court in all cases of appeal from boards of county commissioners and all other appellate jurisdiction vested in the circuit court.
    (3) Concurrent and coextensive jurisdiction in all matters of probate and the settlement of decedents' estates, trusts, and guardianships.
    (4) Jurisdiction in all other subject matters actionable in the circuit court.
    (5) Original exclusive jurisdiction of all violations of ordinances of cities located in the county.
    (6) Original exclusive jurisdiction in the trial of offenses constituting violation of traffic ordinances of the cities and violations of traffic laws of the state that occur in any city of "X" County.
    (7) Original jurisdiction of violations of traffic laws of the state that occur outside a city in "X" County.

    Why am I therefore being required to handle this through the city court from which the officer works (which, yes, is in this county) when the alleged infractions took place here? Can I therefore just challenge that court's jurisdiction or am I lacking information?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: 3 Violations Need to Go to Officer's

    Everybody looks for gimmicks in the statutes. There aren't any.

    You go to the court you were ordered to go to.

    The insurance citation is likely to be dismissed when you provide proof of insurance. From now on carry it with you. How tough could that be?

    The muffler is likely a fix-it ticket that will also be dismissed when you present a paid invoice for the repairs.

    Then pay your speeding fine and be done with it.

  3. #3
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Ticketed by an Officer Who Was Working Outside of His Jurisdiction

    The citation you provided, IN Code 33-33-7-8, is invalid. There is no such section in the current version of the Indiana Code. What version were you looking at? You may have been looking at old information. You’ll find the current version here: http://iga.in.gov/legislative/laws/2015/ic/

  4. #4
    Join Date
    Dec 2012
    Location
    Indiana
    Posts
    28

    Default Re: Ticketed by an Officer Who Was Working Outside of His Jurisdiction

    I wasn't looking for a gimmick but I just found out that I was (or am expected to) go to a court halfway across the county - which didn't make sense. Instead of using the state site, I googled and found that code; the clarification is appreciated. I'm not super familiar with which sections contain material I'm looking for; now I'll know to double check the current version. I've made a habit of trying to find answers by looking at others' questions - and the responses and doing some looking before asking.

    The car was scrapped as I acquired another that is completely sound mechanically. A friend suggested I bring that information as well as the purchase/registration on the vehicle that replaced it.

    I normally (and again) have the insurance information with me; it used to be required when re-registering here in Indiana and for some reason that was dropped. I learned (per insurance company) that officers will also accept an electronic version so two ways to keep that covered.

    Again, thank you for the clarification, both on dealing with the matters and especially, making sure the information I find is the most up to date!

    1. Sponsored Links
       

Similar Threads

  1. Arrest Procedure: Powers of an Off-Duty Police Officer Working As Security Officer
    By purebred in forum Criminal Procedure
    Replies: 1
    Last Post: 01-22-2013, 07:51 AM
  2. Reckless Driving: Ticketed by Officer from a Different Jurisdiction
    By CarFanatic in forum Moving Violations, Parking and Traffic Tickets
    Replies: 4
    Last Post: 02-20-2011, 01:29 PM
  3. Speeding Tickets: Ticket from Officer Out of Jurisdiction
    By Hiwaydriver in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 03-15-2010, 03:40 PM
  4. Jurisdiction of an Off-Duty Officer
    By MiNi_ViPeR in forum Moving Violations, Parking and Traffic Tickets
    Replies: 4
    Last Post: 02-23-2010, 05:46 PM
  5. Lights, Signs and Traffic Controls: Ticketed for Going Through Traffic Light That Was Not Working
    By Eti22 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 10-26-2006, 09:47 AM
 
 
Sponsored Links

Legal Help, Information and Resources