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City Ordinance Violation

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Latest post Thu, Jan 7 2016 11:54 AM by ca19lawyer2. 9 replies.
  • Wed, Jan 6 2016 9:37 AM

    • scaredguy
      Consumer
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    • Joined on Wed, Apr 24 2002
    • IN
    • Posts 11

    City Ordinance Violation

    I got a speeding ticket last month in Indiana. Was going down a hill and a cop clocked me doing 52mph in a 35mph zone. The ticket is marked as a city ordinance violation and my court date is coming up. After further review I find out that the road I was traveling on is the dividing point between two cities. Since I was on the other city's side of the road then can I argue that how can I be breaking a city ordinance law when I was not inside the city limits?

  • Wed, Jan 6 2016 10:18 AM In reply to

    Re: City Ordinance Violation

    Sure, you can argue it.

    I don't imagine it will do you any good since police in adjacent jurisdictions tend to have reciprocal agreements to handle this sort of thing.

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Wed, Jan 6 2016 10:38 AM In reply to

    Re: City Ordinance Violation

    I am no lawyer, but I do not think that is going to work.

    There are flat rate lawyers you might think about hiring to handle this.  They usually know all the other lawyers and the judges and can maybe mitigate damage or possibly even get it disposed of, you never know.

    There's also maybe a class you can take to keep points off of your license.  I just don't think it's going to be dropped on a technicality of crossing a city line.  It is possible of course.  I just do not think probable.  

    Good luck.  

  • Wed, Jan 6 2016 11:51 AM In reply to

    Re: City Ordinance Violation

    You can argue anything you like.  However, I have serious doubts that the border between the two cities is exactly at the middle of the road on which you were driving (and I suspect the judge will have similar doubts unless you can produce clear evidence of this).  Of course, even if you do beat the charge of violating the city ordinance, you still could be charged for violating the other city's ordinance (if the other city has a similar ordinance) or with violating state speeding law.

  • Wed, Jan 6 2016 1:09 PM In reply to

    Re: City Ordinance Violation

    scaredguy:
    The ticket is marked as a city ordinance violation and my court date is coming up. After further review I find out that the road I was traveling on is the dividing point between two cities.

    It is highly unlikely that the middle of the street is the dividing point. It is much more likely that the entire street is in one city or the other. Otherwise, there would be considerably more problems maintaining that street if the two cities had to coordinate on every single matter involving that street. You had better be prepared to prove exactly where the dividing point is.

  • Wed, Jan 6 2016 1:40 PM In reply to

    Re: City Ordinance Violation

    adjuster jack:
    police in adjacent jurisdictions tend to have reciprocal agreements to handle this sort of thing.

    While that's true, conduct that occurs in City X cannot violate a City Y ordinance.

  • Wed, Jan 6 2016 5:01 PM In reply to

    • scaredguy
      Consumer
    • Not Ranked
    • Joined on Wed, Apr 24 2002
    • IN
    • Posts 11

    Re: City Ordinance Violation

    I do believe that the other city maintains the road. Every cross street sign is owned by the other city. I feel that it should be a violation of the other city's ordinance or a infraction and should be held in county court.

  • Wed, Jan 6 2016 6:23 PM In reply to

    • scaredguy
      Consumer
    • Not Ranked
    • Joined on Wed, Apr 24 2002
    • IN
    • Posts 11

    Re: City Ordinance Violation

    I did some more research and read a newspaper article from earlier this year about some bridgework being done in the same location.The article stated that the county highway department maintains the road since it is on the dividing line of the two cities. So would it be safe to assume that the center of the street is in fact the dividing line?

  • Wed, Jan 6 2016 8:38 PM In reply to

    Re: City Ordinance Violation

    No, it wouldn't be safe to assume anything.

    That the county "maintains" the road doesn't mean anything.

    Check the county plat maps (or each cities planning department) to determine exactly where the dividing line is between the two cities.

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Thu, Jan 7 2016 11:54 AM In reply to

    Re: City Ordinance Violation

    scaredguy:
    So would it be safe to assume that the center of the street is in fact the dividing line?

    Based on a newspaper article?  No.

    Moreover, even if the newspaper article is correct, it isn't admissible evidence.  It's hearsay.  If you want to do this, you will need admissible evidence, which probably means a certified copy of an official map (which could easily cost as much to purchase as the speeding fine).

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