Results 1 to 6 of 6
  1. #1
    Join Date
    Aug 2016
    Posts
    3

    Default How to Fight a Traffic Court's Jurisdiction

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

    I received a speeding ticket of "77+" in a 65. I passed the officer on the freeway and he put his lights on. He was a Gilbert, AZ officer and I was on the loop 202 in the Chandler area. I have been told that yes he can still give me a ticket. But where he pulled me over is not within the court's jurisdiction in which he charged me to.

    My court date is in 3 weeks and I'm wondering how do I go about fighting this? What do I say? Do I plead not guilty and then have to go to another court date? I'm not sure how this works so any advice would be greatly appreciated.

    -Rocco

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Fighting Court's Jurisdiction

    First off, the word you're looking for is not jurisdiction, but venue. What matters is not what department the officer works for or where you were pulled over. It is where you were observed violating the law. Further, justice courts have pretty lose rules regarding venue. At the whim of the state, cases can be reassigned within justice districts. You're going to have a hard time with this one.

    Where were you observed speeding?
    What court are you to appear in?

    By the way, even if the venue is wrong, the state is free to refile in the proper venue.

  3. #3
    Join Date
    Aug 2016
    Posts
    3

    Default Re: Fighting Court's Jurisdiction

    Thanks for the reply. I was cited on the 202 at Arizona Ave and assigned to the highland justice court.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Fighting Court's Jurisdiction

    The boundary between the San Marcos and Highland precincts (202@Arizona) is less than a mile away (Gilbert Ave is the boundary). Are you sure the officer didn't overserve you speeding there?
    This isn't a criminal ticket right? Again, the point you were written up is NOT what matters. You can argue the venue is wrong.

  5. #5
    Join Date
    Aug 2016
    Posts
    3

    Default Re: Fighting Court's Jurisdiction

    I was going eastbound on the 202 and the officer put his lights on at alma school so I know that I was not ever within the highland boundaries. It is not a criminal ticket. That is another thing that I was wondering. I thought you were only charged to justice courts for misdemeanor crimes and DUIs.

    Also, when I get to court I'm assuming the first thing the judge will ask is what I plead. Do I plead not guilty or do I not plead anything and just say that this case is not charged to the right court?

    Again thank you for your response.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Fighting Court's Jurisdiction

    Nope, justice courts are the proper jurisdiction for civil traffic infractions.

    You always PLEAD "not guilty" unless you want to be found guilty. You can then argue venue.
    Note that all this may do is end up with you being recited to the proper court. Again, the laws provide justice courts within the same county to share the load between each other. You'll have to see what the justice says.

    1. Sponsored Links
       

Similar Threads

  1. Motions: How to Challenge a Court's Jurisdiction Over a Traffic Ticket
    By wallymags in forum Moving Violations, Parking and Traffic Tickets
    Replies: 7
    Last Post: 07-28-2016, 02:45 PM
  2. Traffic Court Issues: Objecting to a Court's Jurisdiction Over a Traffic Ticket
    By WantsTo Know in forum Moving Violations, Parking and Traffic Tickets
    Replies: 11
    Last Post: 06-17-2015, 07:00 PM
  3. Traffic Stop Out of Officer's Jurisdiction
    By yazoo in forum Moving Violations, Parking and Traffic Tickets
    Replies: 10
    Last Post: 08-02-2010, 08:57 PM
  4. Traffic Violation Jurisdiction
    By mwahahadance in forum Moving Violations, Parking and Traffic Tickets
    Replies: 6
    Last Post: 12-19-2009, 09:49 AM
  5. Lights, Signs and Traffic Controls: Does it Make Sense to Fight a Red Light Camera Ticket
    By eluugy in forum Moving Violations, Parking and Traffic Tickets
    Replies: 16
    Last Post: 07-07-2009, 06:13 PM
 
 
Sponsored Links

Legal Help, Information and Resources