If sheriff deputy from county X observes traffic offense within county X and follows crossing county line into county Y continuing to follow into county Y for more than the 400 yards, which law states that offense committed within 400 yds. of either county boundry venue can be laid in either county, and initiates a stop at which time a DWI investigation begins and DWI arrest is made and charged in county X.
Law states...(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.
Continued under additional information.
Law continued...an 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. Question...because DWI investigation started well outside the 400 yard rule, and the officer did not notify law enforcement agency having jurisdiction nor did the law enforcement agency having jurisdiction take custody, would county X be the proper venue?
DUI / DWI Attorney
I do not think this fact situation will prove to be very helpful to you. As Ms. Jaggers stated, the officer has statewide jurisdiction when the stop is based on suspicion of DWI. It would also appear that the case could be filed in either county X or Y because the driving would have occurred in both counties. Your best chance for success is to hire an experienced DWI attorney to look at the entire case as soon as possible.
5 lawyers agree
DUI / DWI Attorney
Your question was cut off from your information. You don't have to include the statute. We are familiar with it. Your defense attorney will have to look at the specific facts of your case. If the offense report says he stopped you for reasonable suspicion of DWI, the stop is good because they have statewide jurisdiction on DWI stops. Officers can also follow you outside of the jurisdiction to make the stop when the offense they witnessed was within their jurisdiction. The caselaw gives them wide latitude. You need an experienced DWI attorney handling this for you.
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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Criminal Defense Attorney
DWI venue questions involving county boundaries can be tricky. Inexperienced lawyers get confused on these issues. You need an experienced DWI lawyer to assist in determining the proper venue of the charges.
Austin DWI Lawyer
Austin Probation Lawyer
My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com
2 lawyers agree