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 licensed¹ to practice in your jurisdiction². 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 defendant³ (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 Supreme⁴ 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 implicated⁵ here.

So, when you cross into that county in rural Nebraska, you are intentionally⁶ and physically⁷ 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 taxpayers⁸ 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 perjury⁹. 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 rebut¹⁰ 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 minor¹¹ 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 Lawful¹² 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.

 

1 licensed   

adj.得到许可的v.许可，颁发执照(license的过去式和过去分词)

参考例句：

• The new drug has not yet been licensed in the US. 这种新药尚未在美国获得许可。
• Is that gun licensed? 那支枪有持枪执照吗？

2 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

3 defendant   

n.被告；adj.处于被告地位的

参考例句：

• The judge rejected a bribe from the defendant's family.法官拒收被告家属的贿赂。
• The defendant was borne down by the weight of evidence.有力的证据使被告认输了。

4 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

5 implicated   

adj.密切关联的；牵涉其中的

参考例句：

• These groups are very strongly implicated in the violence. 这些组织与这起暴力事件有着极大的关联。 来自《简明英汉词典》
• Having the stolen goods in his possession implicated him in the robbery. 因藏有赃物使他涉有偷盗的嫌疑。 来自《现代汉英综合大词典》

6 intentionally   

ad.故意地，有意地

参考例句：

• I didn't say it intentionally. 我是无心说的。
• The local authority ruled that he had made himself intentionally homeless and was therefore not entitled to be rehoused. 当地政府裁定他是有意居无定所，因此没有资格再获得提供住房。

7 physically   

adj.物质上，体格上，身体上，按自然规律

参考例句：

• He was out of sorts physically,as well as disordered mentally.他浑身不舒服，心绪也很乱。
• Every time I think about it I feel physically sick.一想起那件事我就感到极恶心。

8 taxpayers   

纳税人，纳税的机构( taxpayer的名词复数 )

参考例句：

• Finance for education comes from taxpayers. 教育经费来自纳税人。
• She was declaiming against the waste of the taxpayers' money. 她慷慨陈词猛烈抨击对纳税人金钱的浪费。

9 perjury   

n.伪证；伪证罪

参考例句：

• You'll be punished if you procure the witness to commit perjury.如果你诱使证人作伪证，你要受罚的。
• She appeared in court on a perjury charge.她因被指控做了伪证而出庭受审。

10 rebut   

v.辩驳，驳回

参考例句：

• He attempted to rebut the assertions made by the prosecution witness.他试图反驳控方证人所作的断言。
• This open letter is to rebut the argument of abstractionism.这封公开信是反驳抽象派论点的。

11 minor   

adj.较小(少)的，较次要的；n.辅修学科；vi.辅修

参考例句：

• The young actor was given a minor part in the new play.年轻的男演员在这出新戏里被分派担任一个小角色。
• I gave him a minor share of my wealth.我把小部分财产给了他。

12 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。