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Can a police officer issue a citation to an individual with…

Customer Question
Can a police officer...

Can a police officer issue a citation to an individual with the individual showing proper identification?

Lawyer's Assistant: What were they charged with exactly? Are there any upcoming court dates?

Traffic violations for speeding and no insurance. No. A warrant has been issued for failure to appear

Lawyer's Assistant: In what state did the speeding occur?

Kansas

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I was not the person speeding but my name was used by said person

Submitted: 4 months ago.Category: Legal
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Answered in 24 minutes by:
4/3/2018
Lawyer: Zoey, JD, Attorney replied 4 months ago
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,854
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Lawyer: Zoey, JD, Attorney replied 4 months ago

A police officer can issue a citation to the person he stops if he has reason to believe that the person has committed a traffic violation or a criminal offense. If the person has identification, he will issue it in the name on the identification. If the person has no identification he can issue a citation in the name that was given. Traffic violations such as speeding don't typically require that a defendant be taken into custody and photographed or fingerprinted. That can, unfortunately, make it easy for someone t give a false name to an officer.

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Customer reply replied 4 months ago
if this happened how can one get it resolved if they don’t have the money to hire an attorney to stand in and can’t afford to take off of work to make the 7.5 hour drive to court
Lawyer: Zoey, JD, Attorney replied 4 months ago

Driving without insurance in Kansas is not a traffic infraction. It is a class B misdemeanor. If neither this person nor an attorney shows up on his behalf, a warrant will issue for his arrest. You're simply going to have to take the day off.

Do you own this uninsured vehicle? If not, plead not guilty to the charge, show up with proof of the car that you do own and that you are insured. You may be able to resolve this favorably yourself without a lawyer.

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Customer reply replied 4 months ago
I do not own the vehicle in question and can provide proof own vehicles that i have owned and proof of continuous insurance since 2012. Both citations where issued in the same vehicle. One on April 25, 2015 for speeding and then again on October 5, 2015 for speeding and no insurance. How would I go about resolving the speeding violations? I haven’t been to that county in over 10 years.
Lawyer: Zoey, JD, Attorney replied 4 months ago

This matter is probably dismissable.

You can try contacting the prosecutor in charge of handling this case before the court date and tell him or her that you received a summons but you have never owned nor possessed this vehicle and that you can show proof of all the vehicles you own and proof of continuous insurance coverages. Tell them that this you live 7.5 hours away and have not been in that county in over 10 years.

See if they will agree to drop the charges if you can come in with all of this. Then it's worth the day off from work.

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Customer reply replied 4 months ago
I’ve done so already and the DA said he would advise I show up in court or have an attorney stand in for me.
Lawyer: Zoey, JD, Attorney replied 4 months ago

Correct. Which is what I told you too. If nobody's there, he's going to get the judge to issue a warrant. However, if you've spoken to him about the matter, once you show up with the proof that you say you have, this case is likely something that can be quickly resolved.

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Lawyer: Zoey, JD, Attorney replied 4 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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