Officer Wrote, but Did Not Serve a Citation

[teeb]

My question involves a traffic ticket from the state of: Michigan.

In Michigan we call these 'sewage tickets'. I've seen some of these in the past, now my nephew received one. He was pulled over for 2 MPH over the speed limit (or being a teenager in a sports car), the officer told him it was 'his lucky day' since the computers were down, so he could not write him a ticket. Some time later he was mailed a fine and court date for not paying the ticket. I know of other cases where bench warrants were issued, not sure he has one now or not. What can he do?

[jk]

well, attending court might be a really good idea.

He can then tell the judge what happened and that he never received a ticket. If the state shows one was signed for or was mailed at a later date due to the computers being down the day your son was actually issued a ticket, he will likely lose any argument.

[teeb]

Whether the 'computers were down' or not, the ticket is still a hand-written paper. The officer could have handed my nephew's copy to him at the time of the stop, he simply did not. It's a way of adding an inconvenience to a violation. The officer simply threw my nephew's copy in the trash. I suppose I am just looking for some way to let the officer know that he can not take advantage of people this way.

[jk]

Unless you can find a legal requirement that a ticket be on some specific form, as long as any requirements the law demands be on a ticket are there, a written ticket would be no less valid than a computer generated ticket.

The officer could have handed my nephew's copy to him at the time of the stop, he simply did not.

or he could have not even stopped your son and just sent it to him in the mail. It really doesn't make any difference.

so, did your nephew sign this handwritten ticket? If he did, I see absolutely no argument for your nephew. He knew he was issued a ticket whether he was given a copy of it or not. Due to that, it was his responsibility to take care of the ticket.


btw: I haven't run across an agency in Michigan in my area that gives a computer generated ticket. They are all still hand written the last I knew.

[teeb]

There is no proof of service for a traffic ticket. My nephew did not sign anything, he did not even know that a ticket had been written until his time to appear had expired and the court contacted him. Like I said, the officer simply did not give him a ticket, yet still turned one in at the station. I assume that there is at least a constitutional requirement that a person is in some way notified that they have been charged with a crime before sentence is passed.

[jk]

so, we are back to the beginning; he goes to court and argues he was not issued a ticket at the time he was stopped and did not receive a ticket at any other time either by personal service or any sort of mail service. If the state has proof otherwise, he will lose. If they don't, he should have the FTA dropped. He is still going to have to deal with the actual ticket though.

[teeb]

Is there any action he can take against the officer who has turned a simple ticket into a giant PITA? Now, my nephew who is working at a summer camp must take time off to travel to court 250 miles away for a ticket which would have been resolved immediately had he known that he had received it.

[jk]

if the officer actually did something wrong, he can lodge a complaint with the officers agency. Other than that, nothing really.


Given the distance and the situation, he might look into asking for a continuance so he doesn't have to return just to address the issue right now.

[teeb]

Thank you. So the lessons to learn here are:
If you are ever stopped for a violation and do not receive a ticket or written warning, it may be in your best interest to contact the court a couple of days later just to verify that no charges were filed,
and the burden of proof for delivery of the ticket belongs to the officers' agency, although the officer's word against the accused's just may be enough.

Semper vigil