Fuquay Varina, NC asked in Civil Rights, Constitutional Law, Criminal Law and Traffic Tickets for North Carolina

Q: Has anyone ever used challenging jurisdiction of any officer under constitutional rule for complete dismissal?

1 Lawyer Answer
Amanda Bowden Johnson
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  • Criminal Law Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: Yeah, Pro Se's who don't know what they are doing try this from time to time and it generates a decent chuckle in the Courtroom. Any officer can stop a driver anywhere, so even if you were successful in challenging the stopping officer's jurisdiction what do you think is gonna happen? The case just goes away? No, no, no - likely not in good 'ol boy North Carolina it won't. The ADA would likely just call a state trooper (whose jurisdiction is the entire state) to re-charge you based on the stopping officers testimony.

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