NYC jurisdiction

[jst2878]

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]

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]

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]

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]

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]

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]

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

[StanF18]

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]

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]

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