法律英语：89 Personal Jurisdiction and Speeding Tickets

by Michael W. Flynn

 

First, a disclaimer: Although I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed 1 to practice in your jurisdiction 2. Further, I do not intend to create an attorney-client relationship with any listener.

I have received several e-mails and calls from people asking how to challenge a speeding or traffic ticket issued in a foreign state. Listeners have told me how unfair it is to have to return to a court in rural Nebraska to challenge the ticket received while driving across the country, and how they might challenge it from afar.

The short answers are that, the local faraway court has jurisdiction to hale you to it, and it is either not possible or not efficient to challenge from home.

Before a court can do anything to you, it must first have jurisdiction. Jurisdiction generally refers to a court’s power to exercise authority over you. There are two main different kinds of jurisdiction: subject matter jurisdiction, and personal jurisdiction. Today’s episode focuses on personal jurisdiction.

In order for a court to obtain personal jurisdiction, the defendant 3 (in this case the speeder) must have “minimum contacts” with the jurisdiction. Generally, minimum contacts with a jurisdiction exist when the defendant has purposefully availed himself of the protections and laws of that state. The issue gets more complicated for business transactions, and the Supreme 4 Court is still a bit unclear on exactly when and how a business subjects itself to a faraway jurisdiction. But, these more complicated business situations (which law professors love to use in final exams) are not implicated 5 here.

So, when you cross into that county in rural Nebraska, you are intentionally 6 and physically 7 availing yourself of the protections of that area. For example, if you get into an accident, then the local police and medical services provided by the county will come to your aid. You have the ability to pull over at state- or county-maintained rest stops. You are, in effect, asking the taxpayers 8 of that place to shoulder the burden of your entry into the area.

Most listeners write that they were just passing through, and so it seems unfair that the county can give you a ticket and make you come back to a court in that area to challenge it. But, this idea ignores all the services that the county or state is prepared to offer you in an emergency. Alternatively, if a drunk driver hit you, and you wanted to sue him, then you would not hesitate to ask the local court to exercise jurisdiction over the drunk driver to force him to pay for your injuries. So, if you get a ticket, even if you strongly feel it was wrongly issued, you have entered the county and have subjected yourself to the power of the courts of that county. You can’t take the benefits of the area without the burdens.

And yes, you may challenge the jurisdiction of the court, but such an argument would require you to file a motion, which is most likely a more burdensome process than simply paying the ticket.

Moving to the mechanics of challenging the ticket, it widely varies from state to state, county to county, case by case. Some courts allow you to challenge a ticket in writing by submitting a statement signed under penalty of perjury 9. Some require personal appearance. Some allow for a “court call,” or telephonic appearance in the hearing. Some courts require you to first apply for a non-personal appearance by explaining why you cannot return to the court. It simply depends on the local court.

In most situations, you must personally appear to challenge a traffic ticket. If you were driving from New York to San Francisco along I-80, and got caught in Nebraska, you must likely return to the place in Nebraska where the ticket was issued if you wish to challenge it. This is incredibly annoying and time-consuming, but the alternative, allowing you to insist that a court of your choosing handle the case, is simply impracticable. If you challenge the ticket, the issuing officer must often appear to rebut 10 your claims that the ticket was wrongfully issued. Imagine if every county had to shoulder the burden of flying the officer to San Francisco to deal with a minor 11 traffic ticket.

So, the moral of the story is that you subject yourself to the power of a court in an area you physically enter because you are purposefully availing yourself of the protections of that place.

Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful 12 Life. You can send questions and comments to。。。。。。or call them in to the voice mail line at 206-202-4LAW. Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.