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  1. #1
    Join Date
    Oct 2007
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    1

    Default Texas Speeding Ticket Jurisdiction and Ticket Error

    Here is a picture of the intersection.
    I was traveling in the direction of the red arrow. The black line just south of the road is the city boundry, as you can see, at one point the line heads north and crosses the road - thus separating the road. City "X" on the left, and city "Y" on the right. The police officer was from city "Y".

    What happened: I was headed northbound on an access road just south east of a major highway intersection. As I come around the curve, I immedently see a police truck (I live in Texas ). At first I didn't even realize it was an officer because I didn't have enough time visually recognize the vehicle. As I approached the officer he jumps in the road and signals me to pull over. I know for a fact that I pulled my car over before reaching the Billboard on the side of the road (you can't see it from the picture, but you can see it's shadow).

    This leads me to believe I was at least lasered in city "X", if not pulled over there as well.

    The rest of the pull over went very normally. The guy was really nice, even saying I could do defensive driving of deferred judispacation (in Texas you're ticket must be under 20 mph to do so).

    My ticket listed a 64 in a 45 with a court date 10 days in the future (from right now). The carbon copy of the ticket was extremely hard to read, so the officer went back in and rewrote in pen the speeds, violations, and court date.
    In the violation description, you can also clearly see "Speeding 45mph".

    A few moments ago I checked the city website and it said I had a speeding ticket in a 40 mph and a court date of Monday (next business day).

    What is your guys take on this issue? I feel like something fishy is going on here.

  2. #2
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: Texas Speeding Ticket Jurisdiction and Ticket Error

    What is fishy? Yes, a police officer in one city can pull you over in another city. If there is a mistake on the website, it is just a clerical error that can be fixed.

  3. #3
    Join Date
    Oct 2007
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    2

    Default Re: Texas Speeding Ticket Jurisdiction and Ticket Error

    I'm facing a similar situation (also in Texas). Nobody is really disputing the fact that an officer can merely pull you over in another city for an infraction that occured within his city (in this case City Y); what's really in question is whether or not the officer from City Y can record a person's speed within the limits of City X and subsequently issue a speeding ticket for a City Y infraction. Since speed violations are civil infractions; it just doesn't seem proper for one city officer to issue traffic tickets in another municipality for infracitons (not felonies nor reckless public endangerment) occuring in that other city.

    Beyond the jurisdictional aspects here, who actually gets the ticket revenue? I don't think that City X officials would favor the fine as being paid on a ticket issued for speeding through City X is actually going to City Y simply because the City Y officer happened to be located near City X or just travelling through City X.

    This gets pretty convoluted, but any expert advice concerning this would really help. Of course if an officer travelling through one city happens to witness a murder or bank robbery, then that officer has a duty to protect the public within that state regardless of municiple location and take proper action with subsequent arrests; however, does this authority expand to civil infractions such as speeding?

  4. #4
    Join Date
    Oct 2005
    Location
    California
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    1,206

    Default Re: Texas Speeding Ticket Jurisdiction and Ticket Error

    Last week I served on a jury for a case involving a DUI arrest by a officer from an adjacent town and that aspect wasn't debated or even mentioned. It is most certainly legal in California and, I suspect, elsewhere.

  5. #5
    Join Date
    Sep 2005
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    California
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    Default Re: Texas Speeding Ticket Jurisdiction and Ticket Error

    CA jurisdictional issues are not a problem as there are state laws and MOUs between agencies state wide that remove that as a barrier. But, Texas seems to have some limited jurisdictions. My friend works in a suburb outside of Fort Worth, and he says that his ability to enforce the law ends at his city limits, so unless he is stopping someone outside town for an offense that occurred in his city, he can't do anything but call a crime in. However, I am not sure if that is based on policy and practice, or based on state law. It could be that within his county the agencies don't get along so no MOU of any kind has ever been crafted.

    I suspect, however, if the officer is knowingly stopped someone who committed an offense in an adjacent jurisdiction that this is not a problem here.

    John, you might consider consulting an attorney that specializes in traffic offenses.

    - Carl

  6. #6
    Join Date
    Oct 2007
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    2

    Default Re: Texas Speeding Ticket Jurisdiction and Ticket Error

    Good thread going here. Again, the issue at hand does not involve DUIs, DWIs, nor any possible misdemeanor or felony crimes. Let's cut to the chase; the issue is whether or not a municipal police officer from one city may enforce the speeding limits statutes within a separate city. Again, an officer witnessing reckless driving or extremely excessive speeding is completely justified in acting to uphold public safety, but does that city officer also have the authority to be present in another municipality and subsequently issue tickets for "routine" speeding violations in that particular city?

    Last May in Mountain View Colorado (a small municipality of about 500 residents), this jurisdiction issue was tested to its limits. That is, Mountain View officers were issuing tickets for speeding on the northbound side of a major roadway that marks the boundary between Denver and Mountain View. But, as trivial as it may appear, that side of the road is within Denver city limits, and a judge issued a court order stating that Mountain View officers need to cease ticketing drivers who are driving within Denver city limits. Now, defending their intentions, the officers believed that they had "curb-to-curb" authority, but city limits dictated otherwise, and they have complied to meet legal enforcement standards.

    Now, I'd appreciate any law enforcement officers or other legal experts' views on this. And again, I really don't see one city being amiable in allowing another city to collect speeding ticket revenue for violations occurring in their municipality and not occurring in the other's city area. Thanks for the advice.

  7. #7
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Texas Speeding Ticket Jurisdiction and Ticket Error

    It is entirely dependent upon state law and local jurisdictional issues.

    For instance, in CA within the same county, most officers can cite for traffic infractions that occur outside their primary jurisdiction. Outside the county, the officer may still effect a detention, but unless the offense originated within the officer's jurisdiction, he or she would have to call for a local officer to issue the cite or take the person into custody as appropriate. The key is the jurisdiction of the court - the county.

    In my county, I can cite someone anywhere in the county and cite them to my local court ... fortunately, I work in the county seat so citing to my local court is just dandy.

    But, different states will have different laws on the matter.

    - Carl

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