Re: Traffic Ticket Wasn’t in System, have court appearance today which Courthouse clo
I have a big problem with this practice. The original "NOTICE TO APPEAR" if filed after the appearance date on the citation has no legal authority. Because of the mandate of VC 40513 (…an exact and legible duplicate copy of the notice when filed with the magistrate shall constitute a complaint to which the defendant may enter a plea…) the officer cannot change the date on the original citation, so the only recourse is to issue another citation. The problem that arises then is that the officer doesn't have your signature with your promise to appear in court on a certain future day, and without that signature and notice, the court lacks jurisdiction over you as the defendant (CCP 410.50). It is NOT your responsibility to check and see if the citation has been filed with the court. Keep in mind that the citing officer is not the prosecutor, he is only a witness.
I may not always be right, but I am never wrong.