Officer Didn't Sign the Ticket or Put Down His Badge Number

**Tony S** · 08-08-2011, 06:03 PM

My question involves traffic court in the State of: California

I got a citation (C.V.C. 5204) (No tags displayed) in July in a private parking lot. The issuing officer did not sign the ticket, or write down his badge number. Will this get thrown out?

Thanks

**That Guy** · 08-08-2011, 06:57 PM

Quoting Tony S

My question involves traffic court in the State of: California

I got a citation (C.V.C. 5204) (No tags displayed) in July in a private parking lot. The issuing officer did not sign the ticket, or write down his badge number. Will this get thrown out?

Thanks

It may depend on whether this citation was issued by parking enforcement or by law enforcement (Sheriff/police/CHP)!

In general, and without that^ detail, the answer is "maybe", and you're free to appear in court on your arraignment date, and make a motion for a dismissal based on the lack of information on the citation, and see what the judge says!

I say "not likely"... For a number of reasons...

* You can simply find out who the officer is by simply filing a discovery request and requesting a witness list, or maybe even by calling the agency station he works out of.
* The name of the officer and/or his badge number are not elements of the offence and accordingly, they will have very little impact on the validity of the citation and any sort of defense that you might choose to present..
* The citation had to have been issued by an officer otherwise, you would not have a copy of it while you're standing in court asking the judge for a dismissal...
* The error can be simply corrected either at your first hearing, or if you choose to plead "not guilty" and contest it, before your trial date....

Here 's a better question: Assuming that the officer cited CVC 5204 and marked it as a "correctable violation", and since you can simply obtain current tabs, attach them to the plate as required, get the vehicle to your nearest CHP station and request a correction certificate (or sometimes they may simply sign the back of the citation), submit the correction to the court and get the matter dismissed upon payment of a $25 administrative fee, why would you opt for a route where you could (more likely "will") end up being forced into possibly paying the full fine of (approximately) $195 + a conviction when you can get the easy dismissal by complying with the law (you will have to eventually get your tags) and only paying $25???