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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Traffic Law
Satisfied Customers: 19922
Experience:  Lawyer. Former judicial law clerk. Worked for District Attorney's Office in Traffic Court.
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Resolved Question:

I was given a traffic ticket by an officer who just handed me the ticket without having me sign it (yes, I obtained a copy of the original, no I did not refuse to sign -- I wasn't even asked to sign). The officer signed that "I hereby certify that a copy of this summons was duly served upon the defendant according to law."

In other words, I didn't "promise to appear" nor did I "promise to pay" the PENALTY ASSESSMENT / SUMMONS & COMPLAINT.

I have no problem with appearing at the place & time indicated. I'm thinking that I could make a motion for dismissal based on violation of due process.
Submitted: 10 months ago.
Category: Traffic Law
Expert:  Lucy, Esq. replied 10 months ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Due process requires that a person receive notice of the charges against him and an opportunity to appear and be heard. The ticket itself is the notice. The opportunity to be heard is the fact that a person is given a date by which you can appear in court and request a hearing. There is nothing in what you have said to suggest that due process has been violation. A violation would be if you were convicted without ever being given the ticket or if you were denied a hearing.

A signature on the ticket is a promise to appear, however, the lack of a signature does not invalidate the ticket. Due process does not require that the officer get a signature. IT is unfortunately unlikely that the judge would dismiss the ticket solely because the officer did not ask you to sign it.

I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

Good luck.
Lucy, Esq., Lawyer
Category: Traffic Law
Satisfied Customers: 19922
Experience: Lawyer. Former judicial law clerk. Worked for District Attorney's Office in Traffic Court.
Lucy, Esq. and 3 other Traffic Law Specialists are ready to help you
Customer: replied 10 months ago.

Lucy,

 

Thanks for your service.

 

I agreed to pay $36 for the fast response, which I am happy to do.

 

But, it seems like all of a sudden I have inadvertently signed up for a ongoing membership of $36 a month, which I am not interested in.

 

If that is the case, please tell me how I can cancel this apparent membership. I don't need or want legal advice on an ongoing basis. (This is my first moving violation since the '60s.)

 

Mike XXXXXX

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