- Can a Speeder Who Drove Into State 2 at 121 mph Be Prosecuted in State 1? Appeals Court Says Yes
Can a Speeder Who Drove Into State 2 at 121 mph Be Prosecuted in State 1? Appeals Court Says Yes
Posted Mar 30, 2011 5:21 PM CDT
By Martha Neil
A man who police say sped across the Astoria-Megler Bridge from Oregon to Washington state at 121 mph in August 2007 can be tried in Oregon for reckless driving even though he was in Washington by the time he was pulled over, the Oregon Court of Appeals ruled (PDF) today.
Reversing a Clatsop County judge, the appeals court held that the Astoria police officer who stopped Patrick William Weller in Washington was not required to take him before a Washington state magistrate to confirm the validity of the arrest in order for Oregon to have the power to prosecute Weller.
Even if the Washington law was violated by the police officer—who acted according to instructions from an Oregon prosecutor he called for advice—dismissal of the criminal case was not an appropriate remedy, the opinion explains.
Hat tip: Oregonian.