Results 1 to 9 of 9

Hybrid View

  1. #1
    Join Date
    May 2011
    Posts
    5

    Default Officer Wrote, but Did Not Serve a Citation

    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?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Officer Wrote, but Did Not Serve a Citation

    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.

  3. #3
    Join Date
    May 2011
    Posts
    5

    Default Re: Officer Wrote, but Did Not Serve a Citation

    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.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Officer Wrote, but Did Not Serve a Citation

    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.

  5. #5
    Join Date
    May 2011
    Posts
    5

    Default Re: Officer Wrote, but Did Not Serve a Citation

    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.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Officer Wrote, but Did Not Serve a Citation

    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.

    1. Sponsored Links
       

Similar Threads

  1. Speeding Tickets: Radared Going 55 but Officer Wrote 59
    By scoobysnacks in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 07-07-2011, 07:28 AM
  2. Police Officer Refused to Serve PPO
    By karmic in forum Orders of Protection
    Replies: 4
    Last Post: 03-29-2011, 12:37 PM
  3. Drug Possession: Officer Wrote Wrong Code on Citation
    By Madden131313 in forum Criminal Charges
    Replies: 2
    Last Post: 10-06-2010, 07:47 AM
  4. Speeding Tickets: Speeding in Michigan - 70/55, Officer Wrote for 5 Over
    By Silva in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 10-09-2007, 05:00 PM
  5. Ticket Errors: Officer Wrote 66 When It Was 65, in Illinois
    By ichirooosuzuki51 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 07-16-2007, 06:44 AM
 
 
Sponsored Links

Legal Help, Information and Resources