Legal Question in Traffic Law in New Jersey

traffic stop police jurisdiction

A police officer from a different town than where i was pulled me over for improper passing. This officer was in his personal vehicle and not in uniform, he was also from another town. I was wondering if he, an non-uniformed officer in his personal car has jurisdiction in a town other than the one is an oficer in?


Asked on 9/07/04, 2:19 pm

2 Answers from Attorneys

Ronald Aronds Law Office of Ronald Aronds, LLC

Re: traffic stop police jurisdiction

The proper procedure for the police officer from a different jurisdiction, especially one off duty and out of unifirm, is to call the police in the town where he observed the violation and to have them investigate to see if a ticket should be issued. Under the facts as you describe them, he probably did not have the authority to issue you a ticket for a moving violation. However, I would have to review the evidence inyour case to give you a definite answer. I am an attorney who has handled very many cases similar to yours in the courts in New Jersey in the past. Please call me at 908-272-0111 to further discuss your case. THere is never any charge for simply discussing a case with me. Thank you.

Sincerely yours, Ronald Aronds, Esq.

www.njworkerscompensationlaw.com

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Answered on 9/07/04, 10:14 pm
Alan Albin Alan S. Albin, Attorney at Law

Re: traffic stop police jurisdiction

A police officer who is off-duty and not in uniform MAY have the power to issue a traffic ticket. Depending on which police department he/she belongs to, jurisdiction may be state-wide.

The circumstances you describe do seem somewhat odd. Even if legal jurisdiction existed for this officer to issue the ticket, you might have a very good argument that the police officer issued you the ticket out of personal motivation (i.e. irritation that you passed him) rather than as a legitimate exercise of police authority.

Since you describe a moving violation, which can result in significant fines and points on your license--and an increase in your insurance rates, which in New Jersey are high enough as it is--I strongly urge you to consult with an attorney in person to discuss your rights and options.

If you wish to consider retaining my services, please feel free to contact me at:

[email protected] or [email protected].

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Answered on 9/07/04, 2:55 pm


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