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  1. #1
    Join Date
    Oct 2019
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    1

    Default Can a Cop Blue Light You and Issue a Ticket While in Your Driveway

    My question involves civil rights in the State of: Mississippi. I was driving down some back roads on my way home. While I was going up my driveway, an unmarked Dodge charger pulled in behind me out of nowhere. They then turned out their blue lights, and I pulled up to where I normally park. The cops gets out and says I was going 140 mph for about a mile. He gives me a reckless driving ticket and never explains the ticket, writes the ticket wrong, and tells me he should be arresting me. I asked why he never blue lighted me before we were on private property, and he said that he didnt know I was going to stop which I told him that if he did I wouldve cuz I'm not trying to get into any trouble and that i respect the police and the law.

    1st of all, I never was going 140 down a loose gravel road. Secondly, he never turned his lights on whatsoever until he was already out of his jurisdiction and on my private property. He doesnt have anyway of telling how fast I was going, which was obvious when he said i was going 140 mph. I was speeding but maybe 10 mph over down my road which was normal for everybody going down that road.

    On the ticket, he wrote down a road that was in his jurisdiction, but I have witnesses that know I did nothing wrong on that road. My question is; is it right for that cop to pull me over with those circumstances.

  2. #2
    Join Date
    Jul 2018
    Posts
    1,724

    Default Re: Can a Cop Blue Light You and Issue a Ticket While in Your Driveway

    Quote Quoting Apaullo21
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    He doesnt have anyway of telling how fast I was going
    How do you know (and that's aside from the fact that traffic cops are trained in speed recognition)?


    Aside from that, the notion that driving onto your driveway somehow magically protects you from being protected is absurd. This isn't the Dukes of Hazzard where all the Duke boys had to do was make it to the county line to escape the consequences of what they had done. If you broke the law, you can be cited wherever you can be found. While the assertion that you were going 140 is a bit ridiculous (few, if any, cops would not effect a custodial arrest for that sort of abject recklessness), you admit to speeding, so you were subject to being ticketed.

  3. #3
    Join Date
    Oct 2014
    Posts
    7,425

    Default Re: Can a Cop Blue Light You and Issue a Ticket While in Your Driveway

    Quote Quoting Apaullo21
    View Post
    My question involves civil rights in the State of: Mississippi. I was driving down some back roads on my way home. While I was going up my driveway, an unmarked Dodge charger pulled in behind me out of nowhere. They then turned out their blue lights, and I pulled up to where I normally park. The cops gets out and says I was going 140 mph for about a mile. He gives me a reckless driving ticket and never explains the ticket, writes the ticket wrong, and tells me he should be arresting me. I asked why he never blue lighted me before we were on private property, and he said that he didnt know I was going to stop which I told him that if he did I wouldve cuz I'm not trying to get into any trouble and that i respect the police and the law.

    1st of all, I never was going 140 down a loose gravel road. Secondly, he never turned his lights on whatsoever until he was already out of his jurisdiction and on my private property. He doesnt have anyway of telling how fast I was going, which was obvious when he said i was going 140 mph. I was speeding but maybe 10 mph over down my road which was normal for everybody going down that road.

    On the ticket, he wrote down a road that was in his jurisdiction, but I have witnesses that know I did nothing wrong on that road. My question is; is it right for that cop to pull me over with those circumstances.
    The Mississippi statutes don't seem to address jurisdiction to pull you over and write a ticket, but they do address jurisdiction to arrest, and those statutes provide that where they cop sees you commit an offense in his/her jurisdiction the cop may then pursue you outside his/her jurisdiction to effect the arrest. This is a principle known as "hot pursuit." In other words, if you commit an offense that a cop/sheriff sees in his/her jurisdiction the cop/sheriff doesn't have to stop pursuing you at the line of his jurisdiction like you see in some movies or TV shows. The same jurisdiction principles may apply for the citation, too. Thus, may be an issue of whether the officer had really started pursuit before you left his jurisdiction and you could try to raise that issue if you contest the ticket. You may want to see an attorney for assistance in defending against the ticket given that a citation for going over 140 can end up not only costing you the penalty for the offense but, if convicted, might seriously jack up your auto insurance rates or perhaps even lead to cancellation/nonrenewal of your policy.

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