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  1. #15
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    544

    Default Re: Ticket for Impeading Traffic Given Without Law Enforcement Seeing Alleged Violati

    Quote Quoting RJR
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    My problem is if CA terms Arrest as detainment prior to the issuance of a citation. All states permit the issuance of a citation in lieu of arrest for non felonies. That's my point.
    California considers traffic infractions criminal in nature however, several states consider traffic infractions as civil violations. The rules between criminal and civil actions differ greatly so you can't include "all states" when you refer to how they handle traffic citations.

    Quote Quoting RJR
    View Post
    Per the USSC Arrest in the traditional sense means transporting a person to jail/court to answer for a crime.
    What do you think will happen if, in California, you refuse to sign the citation? [HINT: see CVC 40302(b)] The Notice to Appear is simply releasing you on your own recognizance with your promise to appear at a later date.

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