Will you be taken to jail in California if you do not sign the traffic ticket?

Question

My husband was handcuffed by the highway patrol officer in Redding, California. The reason was that he refused to sign the paper regarding a traffic matter the officer handled to him.The officer said this was by the California law. Is there anybody know something about this Law? Is there any palce to report a complaint about the officer's behavior? Please help!!!!

Answer 1

What many fail to realize is that signing the summons is NOT an admission of guilt but essentially the offender signing his own release to his own recognizance. In others words...signing his own bond.

A summons is an order to appear and the offenders signature is a "promise to appear." You have two options, sign the ticket and be on your way....or NOT sign and go to jail for refusing to promise to appear!

As for complaints against the officer, I'd suggest the starting point of the agency itself.

It sounds to me like your husband could have "over reacted" to the traffic stop. You may sit and think about the circumstances before making a complaint where the officer was only responding in kind to the demeanor of your husband.

Best wishes.

Answer 2

Your husband was certainly silly. What he refused to sign was a promise to appear on the citation. California Vehicle Code section 40302, subdivision (b), says that if a person refuses to sign a written promise to appear, the arresting officer SHALL take that person without unnecessary delay before a magistrate.

This really should not mean jail, if court is in session, though lots of police officers ignore that. But in any event, the officer is legally required to take that person into custody for the purpose of transporting him (whether to a magistrate or jail), and I don't know of any police department which does not require arrestees to be handcuffed for transportation.

You have no complaint about the officer's behavior--he was doing his job. You might advise your husband to be a little more sensible in the future.

Answer 3

Short answer. Yes.

When issued a citation, you have the opportunity to challenge the matter in court. The roadside is not the most appropriate location. It becomes a public safety issue when citizens refuse to sign a lawfully issued citation.

The California Highway Patrol has a public complaint line where citizens are asked to report inappropriate behavior by their officers.

Answer 4

i'm a police officer, yet i'm able to work out each and each and every aspect to this. Your husband stops by wonder after he comes to a call no longer to move with the help of the site visitors mild. Unknown for your husband the cop is observing and thinks your husband said him and that is the only clarification why your husband stopped. ( this happens plenty, you need to work out human beings run the mild and then end in the technique the intersection after seeing the cop only to make all of it better functional or they lower back up and do all of it yet another time) at the same time as your husband stops, he's exceeded the line to end at and it feels like he only stopped on the finest minute at the same time as he said the cop. Your husband thinks he only stopped in time and did not go with the help of the mild and all is sturdy. In TEXAS that's a contravention of that is own to bypass the white line. ( no longer that you receives a cost ticket for going over it, the guidelines are only equipped round each and each and every function of an intersection and trafic mild for different issues ) ( you only do not construct an intersection, and make contact with it an intersection without reliable guidelines) . If the regulation states you end at or in the back of the line and your husband is going previous the line.......there's a contravention. sure, he did end.......in spite of the indisputable fact that it became no longer properly. keep in ideas the cop thinks the only reason he stopped became because of him. Now for your question as to the cop presuming what your husband ought to of achieved........it really is he own own remark he further in and has no result on something. The cop nonetheless thinks the only reason your husband stopped is becase he said the cop. Your husband became smart by using signing the quotation. All a citiation is only a promise to seem. It does no longer propose guilt, only a promise to the contact the courtroom as for your reason. Your husband might want to take it to courtroom and clarify as to why he stopped why and the position he did. between your husbands testimony and the law enforcement officials....it is going to practice that he only did not blow the top signal, he only stopped at teh very last minute and on the incorrect spot because of the finest minute end. Alot will count upon the particular info and how nicely you may articualte what occurred.

Answer 5

nfortuantely for your husband, this is correct, and whilst it may seem petty that the officer handcuffed your husband for what seems like a trivial matter, this is usually a department policy to safeguard the safety of the arresting officer, when you bear in mind that people who assault or kill policemen do not wear badges identifying them as such, you cant really blame them for acting in this manner to safeguard their own health! Id rather a lawsuit and a free union lawyer than a free department funeral. By all means if you feel aggrieved report the officers behaviour however I think this may be a waste of time

Answer 6

I dont know about the California Penal Code, but in Florida if you dont sign a traffic citation it is a crime. It's "resisting an officer with or without violence." I wouldn't be surprised if California had a similar law... and if it is a law, your husband was in the wrong, not the officer... sorry

Answer 7

Regardless of the officer's attitude, your husband is still under obligation to sign the ticket or be arrested.

You can make a complaint to his Sergeant, or the onduty person in charge (Watch Commander). File a police report of misconduct, and if you are able hire a lawyer.

Answer 8

Too bad your husband or you didn't take the time to READ the ticket. It says plainly by the "X" that signing is NOT an admission of guilt, but a promise to appear. It also gives the address of the courthouse & the telephone number if you have questions. Refusing to sign is like saying that you are a car thief & you have a phoney Identification from another state! People like you keep our state in business. Thanks for the extra revenue.

Answer 9

I'm sure by now you know the officer was right - a complaint about his behavior may get him a raise or a promotion.
Refusing to sign a ticket is just about the same as "Failure to Appear" in court which is a misdemeanor.

Answer 10

sounds like your husband is a little immature. the cop must have told him that by signing the ticket it is not an admission of guilt. The cop did the right thing so you would only make a fool of yourself complaining about him.