Legal Question in Traffic Law in Wisconsin

So I was pulled over by a corrupt police officer in a small township. He said I was going 26 over which is crap because I know for a fact I was going the speed limit as I was watching my speedometer and know that this road is a speed trap. We have gone to trial and I lost to a jury, however, the judge has not signed off on the matter yet.

However, new information has come to light. The road where the officer pulled me over was not in his jurisdiction. By the law, if a officer of another jurisdiction wants to stop someone, he needs to check with that jurisdiction before taking any action. This officer did no such thing and I have video proof of this.

However, like I said, we went to trial and I lost, but this matter has not yet been signed off on. I did not have the knowledge at the time of the trial that the road was not in their jurisdiction as it was changed about 6 months before the alleged offense. I now have an official map from the city that has the jurisdiction and I am making an objection to the Findings of Fact, Conclusions of Law, and Order document that the opposing attorney provided for the judge to sign off on the matter. I made an objection and the judge hasn't ruled yet, but the opposing attorney says that my request is not proper.

However, considering the township does not have jurisdiction and in fact no legal standing in the matter due to no jurisdiction, what legal standing and case law do I have to back up my motion to have the verdict set aside and either dismissed all together or declared a mistrial and sent to the proper jurisdiction for prosecution?

This is an urgent issue and I would appreciate any help you may have to offer.

Thank You!


Asked on 9/10/11, 9:04 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

Your issue is too complex to address in a public web forum. If you are serious about fighting this conviction, I would recommend that you immediately retain an experienced traffic lawyer in your community and that you do this as soon as possible, since your deadline to appeal a municipal court judgment to circuit court expires very quickly (since you mention a Township, I am guessing that you are dealing with a municipal court matter). A speeding violation of 26 over the speed limit can carry automatic loss of license in some cases, so you have a lot at stake, far more than for a minor speeding violation, even if you have an otherwise clean record. The authority of officers to act near the border of their jurisdiction or in the jurisdiction next door is a complex legal issue which can certainly go either way, depending upon factual details which you do not supply. Generally speaking, however, there are statutes which provide extra jurisdictional powers in any situation involving pursuits or when the neighboring jurisdictions have mutual aid agreements in place (which agreements are extremely common). Finally, objections to either personal or subject matter jurisdictions can be easily waived if they are not properly preserved early in the litigation. Again, a lawyer can best assist you in avoiding this. My comments here are not legal advice, nor do they create an attorney client relationship between us; rather they are only for public educational purposes on this website. You are, however, always welcome to contact my office in Racine to discuss any additional questions which you may have or to set up a free consultation.

Read more
Answered on 9/11/11, 6:50 am


Related Questions & Answers

More Traffic Law questions and answers in Wisconsin