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Discussion Starter · #1 ·
I recently had a question posed to me by one of my fellow officers......

There are laws that say that traffic violations have to be filled out in there entirety.

I have heard about people getting out of traffic tickets if an officer fails to say, fill out the name and address, or puts in the wrong date of the offense, etc.

Now, the section where the violator has to sign the ticket, could that be used as an excuse to a judge/magistrate to get out of a ticket? I know in my department, no one ever asks the violator to sign the ticket.

Just curious if anyone has ever tried that excuse on anyone out there.
 
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Discussion Starter · #3 ·
Even though its a matter of law that the ticket be filled out in its entirety? I know I have read about this before, I just don't have the laws handy.......
 

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I had one where I forgot to fill in the total fine and they appealed it on that, they were still found responsible. It all depends on the magistrate or the judge if it gets that far.
 
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Discussion Starter · #5 ·
So basically even though its fact of law that the ticket needs to be filled out entirely, the judge/magistrate can still find the violator responsible......
 

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Toast, are you a cop or are you someone that received a citation without signing it?

It's not a defense. I have never seen a Mass. cop ask someone to sign a ticket.

An officer is expected to fill out the "rest" of the citation correctly, and a judge can dismiss it if not done so....but I have never seen it.

You can be mailed a citation without the officer ever stopping you...
 

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Clouseau";p="63528 said:
Toast, are you a cop or are you someone that received a citation without signing it?
Was wondering that myself....
 

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I too, like Gil have forgot to fill in the total amount and nothing ever came of it, magistrates understand cops are human and make mistakes, but because you put the wrong date on the cite doesnt mean someone should get out of 50 in a 30.
Also, its just like the rumor you can get out of being arrested because the officer doesnt read you your rights on the side of the road. Some idiots actually try to say I wasnt given my miranda warnings when arrested and then that nice little piece of paper shows up that they sign in booking saying they have been given and understand there rights. You gotta love it when that happens.
 

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Actually Gil, we pretty much already know the answer to that one don't we?

Toast, why didn't you just say you or your buddy got a ticket and were wondering about the signature issue. You would get an answer...and a lot more respect.

Nothing like coming on here and impersonating a cop...trying to B.S. the rest of us!
 

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Are you a Constable? : :lol: :lol: :lol: :lol: :lol: :lol:
:lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol:
:lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol:
 

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However...if the officer does feel the urge to have you sign the ticket, it might be a good idea. Otherwise you could find yourself in hancuffs...granted I've never seen that happen but I'm sure some have. 8)
 

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Ch90Cs2 reads in part: "Notwithstanding the provisions of any general or special law, other than a provision of this chapter, to the contrary, any police officer assigned to traffic enforcement duty shall, whether or not the offense occurs within his presence, record the occurrence of automobile law violations upon a citation, filling out the citation and each copy thereof as soon as possible and as completely as possible and indicating thereon for each such violation whether the citation shall constitute a written warning and, if not"
I have seen clerks and judges toss tickets for not being completely filled out, but I have also seen them tossed because of weird things like: "the officer was parked on private property when he observed the violation on the public way", "it was too close to the violator's birthday" etc.

Further down in the same section it does say the officer will request the violator to sign the citation. The courts and the registry have ruled that isn't required as it is not practical. If you do request the operator to sign the cite, they are not required to. Cho 90s25 requires the operator to sign his name on request (but this can't be on the citation) and they can be arrested if they refuse.
 
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Discussion Starter · #14 ·
All of this is 100% left to the Clerk's discreation!

I have had clerks do the following:

There are three degrees of traffic on the citation: Heavy/Moderate/Light!

So I fill in Heavy and cite someone for 25 mph over the posted limit. It so happened that when the operator was in my sights, the traffic other than his vehicle, happened to have a couple of seconds where no other vehicles were in sight.

The violator shows for his hearing and says: "Look, this cop said it was heavy traffic therefore my vehicle could not be picked out of heavy traffic"!

I neglected to write on the cite that his vehicle was the only vehicle in view for a couple of seconds.

Or a clerk may love the looks of "someone" and find (her) not responsible if there are three vehicles in my line of vision, and my F/S gauge easily picks out the fastest vehicle.

You could not humanly write everything down on a citation that would cover every halfassed "complaint" that mankind can think of!

The Clerk or Judge gets to do his thing.

You just standby, and eat the whim of the court!
 
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Discussion Starter · #15 ·
Ch90Cs2 reads in part: "Notwithstanding the provisions of any general or special law, other than a provision of this chapter, to the contrary, any police officer assigned to traffic enforcement duty shall, whether or not the offense occurs within his presence, record the occurrence of automobile law violations upon a citation, filling out the citation and each copy thereof as soon as possible and as completely as possible and indicating thereon for each such violation whether the citation shall constitute a written warning and, if not"
I have seen clerks and judges toss tickets for not being completely filled out, but I have also seen them tossed because of weird things like: "the officer was parked on private property when he observed the violation on the public way", "it was too close to the violator's birthday" etc.

Further down in the same section it does say the officer will request the violator to sign the citation. The courts and the registry have ruled that isn't required as it is not practical. If you do request the operator to sign the cite, they are not required to. Cho 90s25 requires the operator to sign his name on request (but this can't be on the citation) and they can be arrested if they refuse.
Thats the section of law I was reffering to. It sounds like that it is general ruling that the violator doesn't need to neccessarily need to sign the ticket, due to the fact that this is not common practice. Although, it really sounds like its up to a judge/magistrate.

"it was too close to the violator's birthday" etc.
Has anyone really had a ticket thrown out for this??
 

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In CT where I work we have motorist's sign every traffic ticket issued. If a motorist does not wish to sign a ticket, so be it. I just put "Refused to sign" in the signature box, then add that along with the motorist’s attitude that accompanied it in the backup. Since we have every motorist sign it, we go through the "by signing your not admitting any guilt, only admitting you received a copy of this ticket which I am about to hand you" B.S. Anyways when a motorist does not wish to sign, I think it usually just adds to the documentation of a motorists defiance to law enforcement and adds weight to my case if its contested.
 

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THe only time I make them sign is when they act as the agent for the violator. I.E. Driving a car with a bad inspection sticker, cite the owner.
 

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The only time I had some one sign a ticket was because she had faulty equipment and driving her dad's car. Funny thing is she was pulled over by a different officer 5 minutes later.
I basically don't like scumbags touching my Cross Pen! :evil:
 

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The way I see it, who cares if they win on appeal. You can be sure of a few things, one they are inconvenienced in some way to show up to court and is no quick and easy process, even more so they will probably loose some pay. And if you have to go its either part of your day shift or a sweet thing called OT with a nice little miniumum. So who we win every time!
 
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Discussion Starter · #20 ·
Macop

The way I see it, who cares if they win on appeal. You can be sure of a few things, one they are inconvenienced in some way to show up to court and is no quick and easy process, even more so they will probably loose some pay. And if you have to go its either part of your day shift or a sweet thing called OT with a nice little miniumum. So who we win every time!
I was told to look at this in the same way, after my first time that I had a violator walk out with a n/r.

It still bothers me to see this happen though, just because I may have forgotten to add a word, or check off a box.

As far as having a citation signed?

States and municipalities that require this are needlessly putting officers and deputies, in a position of added danger.

There is a zero need to even ask an already upset operator to sign a citation that he is seething about! There is no need for this!

The lawyers, and/or politicians, who thought of adding this frivolous burden to the cop on patrol, are not out there at 2:00AM stopping a tired (or DUI) motorist who is in no mood to pay a $250.00 citation.......much less sign the damn thing!

The Commonwealth does not "require "that officers do this.

But they included it in the cite books: just to rubber stamp other states.
 
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