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If get speeding ticket in another state (wyoming) on signature

 
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Customer Question

If get speeding ticket in another state (wyoming) on signature line of citation the officer wrote "not required" Is this still a legal and binding summons since there is no written proof that the citation was actually served to the driver?

 

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Country relating to Question: United States
State (if USA): Nebraska

Already Tried:
called county court several times but the officer had not even turned in his tickets yet.

Submitted: 290 days and 16 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Expert:  Tina replied 290 days and 16 hours ago.

Hello and welcome,

Since you did receive actual notice of the citation, a court would typically find that even if it was no technically proper, you did have "actual notice" and were not prejudiced by the officer's failure to sign the document.

That is what I would typically expect a court to find in this situation.

Here is a link that discusses notice requirements under NE law:

http://www.ago.ne.gov/ag_opinion_view?oid=2146


Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction.

Thank you and all the best to you,

Tina

Customer replied 290 days and 16 hours ago.

You misunderstood the question, the signature required was not the officers but the drivers. the officer wrote signature not required on the line where the driver would write his/her name upon receiving the citation.

Accepted Answer

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Expert:  Tina replied 290 days and 16 hours ago.

I see.

This would prevent the officer from proving by reviewing the ticket that you were served with the citation, but if the officer were to appear at the hearing (where you were challenging the ticket for lack of service), they could testify to the court that they served you since they would have personal knowledge of that fact.

If they so testify, the court could find that service was proper even though you did not sign the document.

Normally, where a driver seeks a hearing to challenge a citation, the issuing officer will appear at the hearing to testify, and if he did, it is likely the court would not find service was deficient.

Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction.

Thank you and all the best to you,

Tina

Expert TypeLawyer
Category: Legal
Pos. Feedback: 98.0 %
Accepts: 7457
Answered: 6/26/2012

Experience: JD, BBA Over 20 years legal and business experience.

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