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Cop seems to hav not followed jurisdiction law, see below.

Seguin, TX |

Arrest for DWI was made outside arresting officers jurisdiction...he did not follow the below law, what will happen?

(d) A peace officer who is outside his jurisdiction may
arrest, without warrant, a person who commits an offense within the
officer's presence or view, if the offense is a felony, a violation
of Chapter 42 or 49, Penal Code, or a breach of the peace.

This below did not happen...

A peace officer making an arrest under this subsection shall, as soon as
practicable after making the arrest, notify a law enforcement
agency having jurisdiction where the arrest was made. The law
enforcement agency shall then take custody of the person committing
the offense and take the person before a magistrate in compliance
with Article 14.06 of this code.

The arrest was in Texas for DWI

Attorney Answers 4

Posted

OK, I get that you've researched some of the law concerning police officers' agency-jurisdictional limits. But you've supplied absolutely zero facts regarding what did and did not happen during this arrest. There's no way we can give you an accurate answer when you're tossing out a hypothetical like this. When you seek legal advice, here's how it goes. (1) You tell the lawyer the facts--who, what, where, and when. (2) You state your concern and ask your specific question. (3) The lawyer analyzes the facts you relate, and gives you a legal analysis. Why not try re-stating your question along these guidelines and find out what the lawyers have to say about it. We know the law--only you know what happened!

The information provided by this attorney is for general guidance only, and is not to be considered as advice specific to any particular person, legal matter, or case. For specific advice regarding any legal question or matter, you are encouraged to consult a qualified attorney in the appropriate jurisdiction. If you wish to consult with Mr. Little regarding your legal matter, you may contact him at (888) 404-0777.

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5 lawyers agree

Posted

Peace officers have statewide jurisdiction on DWIs. DWIs are highly technical cases. There are many ways to beat them, but you'll need to find an attorney who handles them regularly. Most of us offer free consultations. I would start calling around as soon as possible to get an idea of fees and payment plans and to discuss the specific facts of your case.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.

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Posted

It sounds like we need more information. Was your case ever transferred to your local jurisdiction?

Law Office of David D. White, PLLC
1205 Rio Grande St.
Austin, TX 78701
(512) 369-3737

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1 comment

Asker

Posted

No, the case was never transfered to the local jurisdiction.

Posted

You answered your own question Chapter 49 of the Penal code includes DWI and all intoxicated driving offenses, giving the officers state wide jurisdiction. In addition many people are of the mistaken belief that an officer cannot make a traffic stop out and arrest out of their jurisdiction. For example, an officer observes a car weaving and traveling inside the city limits and suspects the driver of driving while intoxicated, he turns on his lights, the car they crosses the city limits, the officer can continue the pursuit and make the stop outside the city limits. In this area of Texas it is not unusual for a pursuit to begin in one jurisdiction and cross two to three others.

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2 comments

Asker

Posted

What county should the chatges be filed? This below did not happen... A peace officer making an arrest under this subsection shall, as soon as practicable after making the arrest, notify a law enforcement agency having jurisdiction where the arrest was made. The law enforcement agency shall then take custody of the person committing the offense and take the person before a magistrate in compliance with Article 14.06 of this code. What if the cop doesn't follow the above statute?

Larry Dean Bloomquist

Larry Dean Bloomquist

Posted

That is where it gets really technical. It depends so much on the facts of your case, which you should not detail here. You really need to talk with an attorney. Your attorney is going to need to review the facts and decide on the best course of action. I do not recommend trying to defend yourself on a DWI charge. You are obviously intelligent and have found all the correct provisions of the law, however, DWIs are so technical and experience with things like breath test results and standardized field sobriety tests is crucial in winning. The State is going to have an experienced prosecutor who has tried many DWI cases. If your case is worth fighting it is worth hiring a good quality defense attorney. Over the years I have seen several people attempt to defend themselves. I have never seen it end well. There is a good reason why when an attorney gets in trouble he goes out and hires an attorney.

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