Legal Question in Traffic Law in Michigan

pulled over for doing 5mph over the limit

Hello,

I was pulled over last night for doing 5mph over the limit on a highway by a city cop that was parked on the side. The thing about it is he pulls me over two exits up in a different city. Isn't he out of his jurisdiction? Then to top it off he asks me to step out, and searches my car!!! I had a bunch of 'open' beer containers in my back seat I was going to take to the corner store to be refunded, but he cited me for open container! I feel this is blown way out of proportion. I am going to write a letter to the magistrate about this. Do you think this is a little obsured, and can a cop from a different city pull me over and go to this extreme? Thank you very much for your time. This happened in Michigan by the way... thanks!


Asked on 4/03/09, 11:39 am

2 Answers from Attorneys
Timothy Klisz Klisz Law Office, PLLC

Re: pulled over for doing 5mph over the limit

The jurisdiction argument will not hold water. Police have a 1 mile zone around their jurisdiction to still enforce the law. They also started in their own city. The open container argument is much better, and that crime is much worse. It is a criminal misdemeanor. If this case is in SE Michigan, contact me at www.kliszlaw.com to discuss. Tim Klisz

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Answered on 4/03/09, 11:43 am
James Schmier Law Office of James G. Schmier, PLLC

Re: pulled over for doing 5mph over the limit

An officer can stop someone out of their home jurisdiction, if the offense started in their jurisdiction. You might be facing a charge of open intox which can have serious consequences. It may be a good time to hire an attorney which may save you money in the long run and save you from having a criminal record. Contact my office if you need help with this.

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Answered on 4/03/09, 11:46 am


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