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jst2878 12-17-2008 12:22 PM

NYC jurisdiction
 
One night about 2:00am i am driving on the 135 and turn west on the L.I.E.

By the time I got to new hyde park rd exit 34 I must have been radared by the cop that ticketed me that night. As I continue to drive I finally see him in my rear view and I'm doing about 60-65 at this time. I'm waiting for him to pull me over... His lights come on and I get off on the next exit which is little neck pkwy and proceed to pull over on the L.I.E. service road (about 50 feet east of little neck parkway). As far as I know Little neck pkwy is the borderline of Nassau and Queens...mind you I am 50 feet east of little neck pkwy making my car and I and the highway cop in Nassau county. I go to court today for the hearing and I plea to the judge that the officer was a NYC highway officer and that he radared me in Nassau county somewhere near new hyde park exit and he pulled me over still in nassau county. As far as I know he does not have jurisdiciton in Nassau and he should have been taking radar speed checks in Queens which is the closest NYC jurisdiction. The judge asks him if this is true and that fat bastard officer LaGrasta stumbled over his words like a complete jackass....The judge finally ruled and gave me 6 points and 142 dollar ticket. AIN'T THAT SOME SHIT


So I decided to appeal the decision, but I need to find out what I should write because there will be no hearing just someone in albany to review the transcript and what I write on the appeal form. any advice is appreciated, and does anyone know the statute of jurisdiction

PersonaNonGrata 12-17-2008 12:51 PM

I don't know about NY state but here in CA, a peace officer has authority, or jurisdiction, throughout the state. Yes, that means an LAPD officer can write a ticket or arrest someone in San Francisco. Obviously that doesn't happen but like in your situation, crossing from one city into another or one county into another makes no difference. Peace officer powers are granted by the state and throughout the state.

Weasel 12-17-2008 01:17 PM

If you were clocked by the radar within his jurisdiction, it doesn't really matter where he pulled you over... just where the incident happened. And I may be wrong, but don't highway cops have state jurisdiction?

Danielsand 12-17-2008 01:26 PM

I live on the State Line CA/AZ (the line is the river which is in my back yard, that's how close it is!), and about six months ago, I saw a CA CHP, following a NM car from about 5 miles in CA, all the way across the State Line into AZ, where he pulled him over. I was shocked!
Came home and called a friend in AZHP, and was told that they have an agreement with all neighboring states to pursue into the neighboring state for 20 miles. If the pursuit does not end in 20 miles, the neighboring state HP will take over!
So if this is done between the states, I can imagine it be even easier between the counties/boroughs.
The old days of "running the line" are over.

jst2878 12-17-2008 03:59 PM

Quote:

Originally Posted by weasel56
If you were clocked by the radar within his jurisdiction, it doesn't really matter where he pulled you over... just where the incident happened. And I may be wrong, but don't highway cops have state jurisdiction?



I was never in his jurisdiction....Nassau county is the jurisdiction. he was NYC pd and he radared me and pulled me over in nassau county not queens where he patrols

PersonaNonGrata 12-17-2008 04:14 PM

Quote:

Originally Posted by jst2878
I was never in his jurisdiction....Nassau county is the jurisdiction. he was NYC pd and he radared me and pulled me over in nassau county not queens where he patrols

Where he patrols may not be relevant. Neither are county lines. I suggest you do an extensive search of NY state law regarding peace officer powers. It may well be, and I assume it is, that peace officers in NY state have police powers throughout the state so crossing a city border or county line does not matter.

As an example, a sergeant I know was driving a police car marked with his city's markings in another city about 40 miles away when a car sped past him at a speed that could not be ignored. The driver claimed that the sergeant didn't have jurisdiction because he was not in his city. Guess who got a ticket with "State of California" on the top of it? And he was just going to get a warning....

E61Silver 12-17-2008 04:16 PM

I don't think that the city line (west bound) is at Little Neck Road.

StanF18 12-17-2008 04:29 PM

First off, how is it possible to get 6 points for 65 mph?? Were you in a 20 mph zone or something? What did he actually clock you at?

Six points is no joke, your insurance company will not ignore that. Plus, you get another 6-pointer like that and you're close to suspended-license territory. I would get a lawyer at this point. The jurisdiction defense may or may not be valid, but these traffic judges will do as they please. So unless you get a competent lawyer who knows that specific court and knows that specific judge, it may not matter. The written appeal is a real long shot, I would get a lawyer and try and get the points reduced that way.

E61Silver 12-17-2008 04:48 PM

He was doing 65 in a 50 if he was in NYC or 65 in a 55 if he was in Nassau County.

What does the ticket say......if you were in a 50 you where in NYC.

jst2878 12-17-2008 08:01 PM

Quote:

Originally Posted by x54.4blue
I don't think that the city line (west bound) is at Little Neck Road.


if its not little neck parkway then where is it

jst2878 12-17-2008 08:02 PM

i was clocked at 80 in a 50

Michelle 12-17-2008 08:07 PM

Quote:

Originally Posted by jst2878
i was clocked at 80 in a 50

80 in a 50 is 6 points?

Damn. Back in May I was clocked going at least 85 mph in a 55 mph zone on I-95 and got a warning. http://i43.photobucket.com/albums/e3...ies/giggle.gif

trueX5er 12-18-2008 12:11 AM

stop speeding, there problem solved.

LeMansX5 12-18-2008 01:49 AM

Quote:

Originally Posted by Michelle
80 in a 50 is 6 points?

Damn. Back in May I was clocked going at least 85 mph in a 55 mph zone on I-95 and got a warning. http://i43.photobucket.com/albums/e3...ies/giggle.gif

What? just warning? Did you do the crying routine that some girls usually do? or Adrienne Barbeau in Canonball?

Thunder22 12-18-2008 07:09 AM

Google is your friend:

http://forums.realpolice.net/archive...p/t-55184.html

you're screwed. NYPD can act in Nassau and Westchester.

SuaveX5 12-18-2008 08:37 AM

Get a lawyer ............. and I have a good 1 for you.

don`t take the 6 points , you never know when the other 6 will come.

and slow down.

Thunder22 12-18-2008 10:14 AM

Quote:

Originally Posted by SuaveX5
Get a lawyer ............. and I have a good 1 for you.

don`t take the 6 points , you never know when the other 6 will come.

and slow down.


Exactly. You can request that the speeding be reduced to something like an 1110a, failure to obey a traffic control device, and pay a higher fine.

E61Silver 12-18-2008 10:35 AM

Quote:

Originally Posted by Michelle
80 in a 50 is 6 points?

Damn. Back in May I was clocked going at least 85 mph in a 55 mph zone on I-95 and got a warning. http://i43.photobucket.com/albums/e3...ies/giggle.gif

Some times it pays to be a pretty woman.

E61Silver 12-18-2008 10:40 AM

Quote:

Originally Posted by jst2878
if its not little neck parkway then where is it

It is basically Little Neck Parkway

This might help for more details

http://gis.nyc.gov/doitt/cm/CityMap.htm

Michelle 12-18-2008 12:28 PM

Quote:

Originally Posted by LeMansX5
What? just warning? Did you do the crying routine that some girls usually do? or Adrienne Barbeau in Canonball?

LOL No crying. I figured I was toast. When I reached over to get my registration out of my glove box, I used my left hand and really stretched across the entire car. I guess he liked the booty. :police: http://i43.photobucket.com/albums/e3...milies/luv.gif http://www.health-boundaries-bite.co...smiliemoon.gif

:whew:

X5rolls 12-18-2008 12:33 PM

Lucky, smart & ______

E61Silver 12-18-2008 01:30 PM

Quote:

Originally Posted by X5rolls
Lucky, smart & ______

Don't think it would work for you;)

X5rolls 12-18-2008 01:38 PM

Wouldn't go there if it was a male cop and if it was female, I'm sure it wouldn't work for me.

cmyX6go 12-18-2008 01:38 PM

Quote:

Originally Posted by Michelle
80 in a 50 is 6 points?

Damn. Back in May I was clocked going at least 85 mph in a 55 mph zone on I-95 and got a warning. http://i43.photobucket.com/albums/e3...ies/giggle.gif

:iagree:

75 in a 50 = warning :D

X5rolls 12-18-2008 01:43 PM

My opinion (bases on informal means ;-0 ) is that women get more breaks from male police officers. Since the majority of trafic ticket writing police officers are male, women rarely get speeding tickets as often as guys.

Agree or disagree?

cmyX6go 12-18-2008 01:51 PM

I've been pulled over for speeding 3 times in 18 years. Got written twice.

EDIT: That should say 3 times in 28 years..

X5rolls 12-18-2008 01:52 PM

ok, I'll start eating my shoe now.

B-Line 12-18-2008 03:48 PM

JST,

You were pulled over right where I grew up. My dad lived in Queens and my mom lived in Nassau County. They were literally about one mile apart from each other.

RichiRich 12-20-2008 12:00 AM

Justin - Did you tell him that you were on the job..no professional courtesy!?!?!?

what the eff??

Hey Bro...Happy Holidays!!

RR:thumbup:

jayjay_dee 12-20-2008 12:23 AM

Quote:

Originally Posted by gresch
You can request that the speeding be reduced to something like an 1110a, failure to obey a traffic control device, and pay a higher fine.

:iagree:

No points or lesser plus higher fine... see if you can get this deal...

Good luck!


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