Advice on traffic ticket

[danm]

I was driving North on the right lane. There were two cars on the left lane. The first car on the left lane slowed down then stopped to make a left turn. I passed the first car then signaled to switch over to the left lane (in order to make a left turn at the next intersection). While switching lane, I observed the first car had made the turn and the second car started speeding up. I speeded up a little (no more than 5 seconds) to get into the left lane and immediately slowed down, made the left turn then stopped before the STOP sign (there is a center island divided the North/South traffic in this section of the road). After stopping, I noticed a car parked on the side of the South bound lane made an illegal U turn (without siren or light). After the illegal U turn, the office in the unmarked car turned on the siren and light. I was issued a speeding ticket for 48 miles (I doubt I was going that fast) on a 30 miles zone.

The location where it happened is near the border of town A and town B. The officer is from town B and parked in town A. On the ticket, the "Place of occurrence" listed is in town A. The hearing court will be in town B. The place where I stopped is in town B (about 20 feet passed town A). Can it be challenged that the officer from town B doesn't have jurisdiction in town A (Place of occurrence)? How about the officer also broke the law for making an illegal U turn (double yellow line) without siren or light?

 

[tpajet]

You are not going to be able to fight this with either argument. First of all, an officer does have the right to make the stop even if out of his jurisdiciton if he witnesses the offense. Usually they call in a local, but not always. Think of it this way - if he's driving along and sees someone swerving all over the road (possible DUI) he still is permitted to make the stop.

As for him breaking the law to make the stop think about it this way - if he was on the side of the road clocking you, and had to chase after you, he would have to speed to do so. That is not grounds to dismiss the ticket.

The only real thing you might be able to fight this one, and this is a big might, is if there is something about the elements of the offense that are wrong on the ticket - in other words you were not actually speeding.

The best thing to do is to contact a local traffic attorney. They are usually cheaper than what your insurance will increase, and even if you have to pay a fine, they can often get the points dismissed off your lisence, however that part will vary from state to state.

 

[mightymoose]

As you describe it... accelerating for 5 seconds, and since you didn't flatly deny that you were speeding (just doubting it)... it seems likely you were in fact speeding. You have no defense, and despite your observations, the officer did nothing wrong. Lights and sirens aren't required for him to make a u-turn and stop you for a violation. The location argument is futile.
Traffic school.. that is your way out.