California Fix-It Ticket Issued Without Notification
Just wondering if this is legal.
Someone wrote this on another forum and was curious what is the opinion here.
"So i got a speeding ticket a couple weeks ago, and just now in the mail, i received another ticket in the mail for no front plate, which was supposedly cited at the same time and date as the speeding ticket, but by a different officer. This was news to me as no officer at the time i was pulled over even mentioned anything to me, let alone served me a citation. There were 2 officers in the one CHP car that pulled me over, but only 1 officer talked to me the whole time. The box where i'm supposed to sign is apparently filled out by the officer. What gives? I was completely confused when i got it in the mail."
So, it sounds like the 2nd officer inside the police car, who never got out, issued the no front license plate ticket, but never informed the person and never got the signature of the person in question.
Is this a legal tactic?
Re: California fix-it ticket issued with no signature or notification
Why would any of that matter?
Re: California fix-it ticket issued with no signature or notification
Yes, it can be done. The driver couldn't be held accountable for failing to appear in court for the citation unless properly noticed of the court date.
- Carl
Re: California fix-it ticket issued with no signature or notification
Thanks. Just got more information from the person who was cited.
Apparently, the officer in the cruiser, who never got out, never saw whether the vehicle had a front license plate.
Supposedly, when the speeder was pulled over, the police vehicle parked BEHIND the speeding vehicle.
The 2nd officer in the vehicle never left the police vehicle. When all was done, the speeder slowly drove off while the police cruiser remained.
So, the 2nd officer in the vehicle (who we're assuming was the one who wrote the ticket), never had an opportunity to leave the police vehicle, walk around the speeding vehicle, and never see if a front plate existed or not.
The person who got the citation figured the officer who issued him the speeding ticket must have informed the officer in the cruiser and the officer in the cruiser proceeded to write the ticket based on that information.
Shouldn't it have been the officer who witnessed the violation (the one who issued the speeding ticket) that should have written up the ticket?
I may be wrong here, but it does sound like a case that can be argued in court since technically the officer in the police car never had an opportunity to inspect the speeder's vehicle.
Re: California fix-it ticket issued with no signature or notification
Quote:
Quoting Keydo
Apparently, the officer in the cruiser, who never got out, never saw whether the vehicle had a front license plate.
Maybe he saw it later ... or maybe it came from another officer. Perhaps it drove past them while they were parked or entering the roadway and saw no plate before the stop. Either that, or it was a darn lucky guess. Since there apparently was NOT a front plate, it stands to reason that it WAS seen to be missing.
Quote:
Shouldn't it have been the officer who witnessed the violation (the one who issued the speeding ticket) that should have written up the ticket?
Nope. It doesn't have to be. However, if that were the case, then both officers would have to show up in court.
Since the license plate issue is a fix-it ticket, wouldn't it just be easier to put the darn plate on the front??? Then it costs, what, $10 for a filing fee??
- Carl
Re: California fix-it ticket issued with no signature or notification
Good point. I'll pass the information.