Legal Question in Criminal Law in Alaska

jurisdiction

After being involved in a vehicle/tree collision, I was summoned to court to answer charges of DWI. I was not arrested at the scene or afterwards. I was never issued a

citation of any sort. I did receive medical attention and

the information subpeonaed showed a prosecutable BAC. I was

never seen in control of the vehicle by any witness, or even

in the vehicle. I did speak briefly with an officer just after the accident but was many feet away from the vehicle

when he arrived.

Is there a question of the courts jurisdiction over me?

Are there specific ways in which jurisdiction is shown, and what are they? (please no responses about general jurisdiction)


Asked on 5/15/03, 2:06 pm

1 Answer from Attorneys
Jody Brion Law Office of Jody Brion

Re: jurisdiction

If the accident occurred within the jurisdiction of the court in question, the court has jurisdiction to entertain the prosecution of this crime against you. The facts iterated by you pertain mostly to the weakness of the prosecution's case and the strength of your possible defense, rather than toward the court's ability to hear the matter. Arrest, citation, contemporaneous Intoximeter tests are typical, but not indispensible, to establish jurisdiction. Crucial facts were not listed here. For instance, what did you tell the police? Did you admit driving? Was there someone else in the vicinity that could have been a potential driver? You might also have some privacy issues with the release of your medical information from the hospital.

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Answered on 5/15/03, 2:19 pm


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