I received a traffic ticket in California for speeding and tailgating but the officer forgot to sign it. Can I use this in court as defense? What should I say? What if the officer presents a signed copy to the court?
2006-09-27 19:45:14 · 9 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Go to court and try for a dismissal.
2006-09-27 19:47:35 · answer #1 · answered by bsure32 4 · 0⤊ 1⤋
Wait until the last date you can to request a jury trial or at lest a non-jury trial. Then, hire a lawyer who specializes in traffic court. If you are lucky, the trial date will be a long time away. Very likely, the officer may not even show up. As for the signature, if the badge or squad number is on the ticket, it may not matter. An attorney can tell you more. If there is no way to identify the officer, you may have a point in that if you can't identify him, you can't supoena him. Another reason the officer may not show up is the court will not have enough information to notify him if its a jury or non-jury trial.
I don't know about California, but not long ago, I followed the above procedure, got the jury trial date moved up six months, and hired an attorney. The attorney cost me $80. The ticket was dismissed...his legal aide new the sister of the officer, so the officer chose not to show. As the ticket was for $224, it was not a bad investment.
2006-09-27 21:07:51 · answer #2 · answered by jerry f 2 · 0⤊ 0⤋
nicely at first, your $202 in bail is fake. Bail is a few thing you pay once you're arrested and gets you out of reformatory, pending trial. 2d, you're observing 2 distinctive factors of the lawbooks. Your Ca Veh. Code 22450 outlines what the end standards are. Ca Veh Code 21970 (what you have been written up for) is the truthfully offense you dedicated once you probably did not meet 22450. so in actuality... 21970: is the crime dedicated once you probably did not end right 22450: defines what's a ideal end. The fee tag is right. and judging via your "$202 in bail" remark, i would not be based on your skills and analyzing rules if I have been you. Your ultimate protection is to apply 21970(b) which reads: Subdivision (a) would not ward off the driving force of a automobile dealing with a comfortable around pink mild from turning real or turning left from a one-way highway onto a one-way highway pursuant to subdivision (b) of section 21453. in actuality, you probably did end on the shrink line, then proceeded extra to make your real turn, at that component you observed the officer and stopped to yield as you probably did not understand despite if he became stopped or not. yet earlier you are trying this, make damn particular it is the actuality and not purely a protection. The officer says he has video, then he does. you won't think of he became on the main appropriate attitude, yet an Officer can not admit data that he would not have.
2016-10-18 03:00:59 · answer #3 · answered by dorseyiii 4 · 0⤊ 0⤋
I would say the signature does not matter, obviously the COP was there or you wouldn'd have the Ticket, right? So see if CA has " Plea Under Advisement "you have to pay but you won't get the Points. Thats the best you can do, or take it to Court (fight it) and maybe the Cop won't show for court. Try to find out when the Cop is off duty and try to get a Court Date when he is off duty.
GOOD LUCK
2006-09-27 20:45:17 · answer #4 · answered by Dax R 1 · 0⤊ 0⤋
Get a traffic-lawyer to be safe, but I would say it's null and void.
I know in New Mexico and Texas it would unquestionably be null and void, because in either of those states if the officer doesn't show up it gets tossed.
Without a signature, any officer could show up, unfairly stacking the deck in favor of the state.
2006-09-27 19:55:09 · answer #5 · answered by ericnifromnm081970 3 · 0⤊ 0⤋
NOPE, you can't use that as a defense .. judges will just go along with the cop...Don't waste your time trying that defense..they will ask the cop what you did and his testimony will convict you .. if they offer a plea bargain then TAKE it...Traffic court Judges SUCK ... they are all just a bunch of "unofficial tax collectors" ... it's a big business that brings revenue for the city or county and pays their FAT salaries! I can tell you lots of stories ... but I won't bore you!
2006-09-27 19:54:06 · answer #6 · answered by MeInUSA 5 · 2⤊ 0⤋
former cop forgot many times to sign them remains valid look at it closely its got the squad number on it.
DAX it dosen't work like that the court house and the clerk office is not like burger king that you can pick and choose your meal in this case the date of your convinience and besides thats when the officers get OT should he be off duty
2006-09-27 20:40:50 · answer #7 · answered by aldo 6 · 0⤊ 1⤋
get a Lawyer, most cases are thrown out and its because of Office mistakes
2006-09-27 19:49:08 · answer #8 · answered by Bushit 4 · 0⤊ 0⤋
a traffic ticket is a traffic ticket, signed or not....
2006-09-27 19:53:33 · answer #9 · answered by ♦cat 6 · 2⤊ 0⤋