ExpertLaw.com Forums

Ticket Issued By Mail, Not At the Scene, Causing Problems With Witnesses

Printable View

  • 02-17-2010, 07:55 PM
    jslabana
    Ticket Issued By Mail, Not At the Scene, Causing Problems With Witnesses
    I appologize first of all those who pray to God and request the officer, not to give them a citaion.

    My Q is in WA State, is there any Law or Statue which guides/indicates or forces to the Officer to serve/issue a citation to the offender upon a stop/arest when he beleives that there is a reasonabe couse( visualisation of speed & cloack by radar)are present as a evidence for determination of infraction that offence has occured in his presence and he is authorized to issue/serve a citation to offender at the time/location where it occured where when the offender and his two witnesses also present, and Officer also have 2 witnesses, hiself(as witness) and his(RADAR) as a witness present at the location of crime/offence, when the Law RCW 46.63.030(1)(a) clearly says; (1) A law enforcement officer has the authority to issue a notice of traffic infraction:

    (a) When the infraction is committed in the officer's presence;

    also RCW 46.64.015 says ; Whenever any person is arrested for any violation of the traffic laws or regulations which is punishable as a misdemeanor or by imposition of a fine, the arresting officer may serve upon him or her a traffic citation and notice to appear in court. Such citation and notice shall conform to the requirements of RCW 46.64.010, and in addition, shall include spaces for the name and address of the person arrested, the license number of the vehicle involved, the driver's license number of such person, if any, the offense or violation charged, and the time and place where such person shall appear in court. Such spaces shall be filled with the appropriate information by the arresting officer.An officer may not serve or issue any traffic citation or notice for any offense or violation EXCEPT either when the offense or violation is committed in his or her presence.

    On the other hand if the officer choose not to write/serve or issue a citation to the offender or even inforn him about his intation to mail him citation in near future isn't a clear signal to the offender that he has been released from his charges and he DON'T need to collect all the information (name,adresses,tel# of his witnesses or take pics of other evidences) to protect himself from unforeseen charges.He can't read officer's mind(cus he's not a psychic).Cant judge officer'cs intent without a clue that he is thinking to send something(ticket) in the mail.

    AFTER TWO WEEKS driver/offender receives a citation in the Mail,knowing that all his witnesses and evidenses are vanished:wallbang:he feels like he is a victim of trap by law officer.

    My Qs are;

    1 Is the Officer is not neglegence of his duty by ignoring/following the proper procedure.

    2 City prosecuter is asking me to provide name,adresses & phones my witnesses AFTER two week when they are unable to trace after 2 weeks(officer's nglegence).

    3 Is there any refrence in the law about the reasonable Time-Frame between stop/arest by the officer and issuence/serving citation to offender. In my case it was 2 weeks, Is this reasonable? Are these Qs are not legit grounds for dissmissal in the court ?

    please don't misunderstand me I have great respect for Legal System & Law-Enforcement persons when I Compare to other countries.

    I humbly invite Mr.Blewis or any expert to shed light on this issue to get to ressolve.

    I am writing this cus somebody can take benefit from this issue's outcome in the future as I have benifeted from this forum

    THANK YOU.
  • 02-18-2010, 07:17 PM
    Mr. Knowitall
    Re: Ticket Issued By Mail, Not At the Scene, Causing Problems With Witnesses
    You can get a ticket in the mail after-the-fact. A two week delay is pretty minimal.

    If you can't identify any witnesses, then you have no witnesses to identify.

    What witnesses are you talking about? It's pretty exceptional to have witnesses to a speeding incident who aren't inside your car.
  • 02-18-2010, 11:37 PM
    jslabana
    Re: Ticket Issued By Mail, Not At the Scene, Causing Problems With Witnesses
    Hello Mr. Knowitall, Good Evening. Thank you for quick responce.

    Let me put it this way, I am in public Transportaion service profession. in WA State. I was dispatched to pickup and drop off two client/passengers. while servicing, I was sotpped by a officer.
    there was breif communication between me and Officer, I am writing exactly the same here;

    Officer; " Do you know how fast you were going ". ?
    I ; (NO ANSWER)(I knew if I say anythjng, it will come back against me in the court)
    Officer " you were speeding 46 in 25 zone".

    The only word I said "I saw you back there".( I regret and will explain later, why I said that)

    Officer asked my ID,Insurence and Registration papers, go back to his car come back and gave back my papers. I asked the Officer, "Can I go now"? He said "Yes". He didn't issue me a citation nor he INFORMED me that he is going to mail a ticket in the future(I couldn't read his mind), I thanked the officer(not issuing me a citation) and on my way to drop off two passengers.

    I had two(2) witnesses/ passengers in my car at that time, if Officer had given me any clue that he is intend to issue me a citation, I would have collected all the info(names,adresses and phone#) right there from my passengers/witnesses. Knowing charges after two weeks it extreme hard for me to find that witnesses, since I don't know theire whereabout.They could be out of city,state even country.

    My Q is, how can I asume that I was charged when Officer released me without citation?

    By concealing his intend to cite me, he has jeoperdized/screwed my right to defence at first/begining.

    Q Why it took so long (2 weeks) for finding a fact about violation when facts were present(his presence/witness) and RADAR(witness) there at the time & location.

    Q What was the pupose/couse NOT ISSUING citation when he has probable couse to beleive that he has two SOLID COUSES(his PRESENCE/Witness or visualisation of overspeed and clock by RADAR) available in his hand.

    Q WHY he delayed/postponed or ignored his job/duty/right to issue a citation when he is authorized/directed or given a power to do so by the Law.Is this not consider nglegence of duty.? Delay in decision some time harm the deffendant.
    ision
    After two weeks I received a mail from city of --- WA, attached acitation for that date.
    From violator, now I became a victome of trap by system.

    I BELEIVE That's why the Law RCW 46.64.015 And RCW 46.63.030(1)(a) is there to protect people like me who easily become a victom of system. NOTE;I have already reffered these two law in Post # 1
All times are GMT -7. The time now is 04:36 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved