Legal Question in Traffic Law in Iowa

Technicality

I received a speeding ticket in Iowa a couple of weeks ago and my situation is this. When I was clocked and pulled over I was in Warren County (I have found maps from the Iowa DOT that prove that the location I was pulled over was in Warren County) but the ticket was written by the Des Moines city police and the ticket specifically specifies Polk count. I was within the city limits of Des Moines so I don't have a question of jurisdiction ... my question is does the fact that I was in Warren County when I was clocked/pulled over does it matter that the officer specified Polk county on the ticket when he issued it?

the line on the ticket that makes me really wonder is the phrase ...

''The undersigned states that on or about date of alleged infraction at time of alleged infraction defendant did unlawfully: Operate Moter Vehicle vehicle description Upon public highway at location Located in the county and state aforesaid and did then and there commit the following offense: alleged infraction description''


Asked on 8/05/08, 8:16 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

Re: Technicality

It depends on where they say the offense was committed. Peace officers in Iowa may arrest anywhere in the state, but if they're saying that the offense occurred in Polk County when it did not, the polk county court lacks jurisdiction and on that basis you could move to dismiss the case.

However, just your sayso is not enough, you're going to have to be able to prove, and I mean prove, that you were north of the county line with testimony, photos, and a good map.

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Answered on 8/06/08, 9:55 am


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