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.
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!
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.
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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