Airrik

Hello everyone,
I wanted to ask a question about a speeding ticket I received about 2 weeks ago.
I noticed the policeman signed but he didn't ask me to sign it.
Is this fine still valid even though I don't have my signature on the paper? or did I get lucky?( btw I seem to have Luck on my side ) I am in Florida I know the laws are different in each state but has this happened to anyone else?

LVDell

Yes, you are still responsible. It's not an admission of acceptance or guilt as you are not required to sign it.

mpd425

+1

PJorgen

As you noted, laws differ by state, but in California, if the officer didn't make a note about you refusing to sign it, you could get this dismissed.

Your signature acknowledges only that you received the citation, so your claim would be that you weren't present, have no knowledge of the violation, etc. In Cali we have the option of a trial by written declaration, meaning that you write a letter to the court. Doesn't cost you anything to fight the ticket and no time off work etc.

Don't know if you have that option in FL or how much it's worth it to you to fight it if you don't.

Zurichgnome

It must vary by state. I've had a "few" speeding tickets here in Michigan and have never been asked to sign a citation.

LVDell

I find it hard to believe that any state would allow somebody to get a "pass" on a ticket if they didn't sign it. If you really want to play that game, then your ONLY play is to not show up. If you do show then you are admitting to having received the ticket. Not sure how they would dismiss it if you defense is...."Yes, your honor, I broke the law but I didn't sign the ticket so I should get a pass."

geetee

Yes, it will vary by state. Call the court you got the ticket at. I've had incidences where officer didn't take signature so called the court. No record of citation = no ticket. Court told me officer has x amount of time to turn in citation after issued. If citation isn't turned in by x amount of time, basically ticket doesn't exist. This was at one county where I used to live in but you never know. Call court to verify.

PJorgen

I'm sure you're aware that the law is full of technicalities and the only way it works is if those charged with enforcing the laws follow all the rules, including the technicalities.

As an example, I recently was found not guilty via trial by written declaration for a speeding violation in a nearby city. The officer had me on radar doing 52 in a 35 zone. My defense was that there was not a current (last 5 years) speed survey done on that section of road that established that 35 was the appropriate speed. In the absence of a valid speed survey, it was a prima facie speed trap. Case dismissed.

So - no, you wouldn't say "Yes your honor, I broke the law but I didn't sign the ticket so I should get a pass". You would say "Your honor the officer has not presented competent evidence that I was present at the violation and I ask that my case be dismissed in the interest of justice".

At least that's how we'd do it in Cali.

LVDell

And you wonder why your state is in the toilet. Justice would be paying your fine when you broke the law instead of asking for speed surveys, calling a technicality because your signature wasn't on the ticket, etc.. If you were concerned about speed surveys you would have followed the law and talked to those responsible to about conducting a speed survey. It's like not paying your taxes and telling the govt you are allowed a free pass because they need to overhaul the tax code.

Never ceases to amaze me how some rationalize their behavior.

Unsubscribing.......

sgtfury40

Justice cannot be obtained if those who enforce it do not do what they are required to do. To let them get away with something that seems small, such as failing to have the violator sign a citation, only creates, what we call in the legal world, a slippery slope. If we let them get away with this mistake, why not let them enter a home without a warrant, after all we "knew" they were breaking the law in there. I have been on both sides of the issue, prosecution and defense. We require officers to follow the rules. All of the rules. If they don't then they should look for another profession. As a prosector I would have no problem dismissing the ticket under these circumstances. The signature is evidence of service of the citation. You need to be served with a citation (or complaint in civil court) and the state must prove they served you. Making the officers accountable for thier mistakes makes them better officers in the long run. If that cost is letting some individuals who are guilty but get away on a "technicality," then it is worth it.

sjfehr

Reluctantly, I have to agree. It doesn't matter if you agree with the law or not, it's the law, and you knowingly broke it and got caught. Suck it up and pay the ticket.

If you think the law is unjust and unfair, the right avenue is to take it up with your state/local government to get the law changed. US is a democratic government, and if we all petitioned, we may just make a difference. (My biggest bone right now is VA's automatic reckless driving for doing 80mph in a 70mph zone which is just pure and unadulterated bull****.)

jury_ca

^^I don't see much of a difference between fighting a speeding ticket (valid or not) or using a radar detector. In either case, you are trying to avoid getting convicted for exceeding the speed limit. I'm pretty sure that all posters on both sides of the discussion are using radar detectors.

aj986s

I agree that if you do the crime, you should be prepared to pay the fine. But here in MD, the courts do expect traffic citations to meet the test of technical correctness, otherwise the case will be dismissed. I believe this is the Judge's way to insure that the cops are doing their job correctly, and not developing sloppy habits.

I once got a ticket for rolling through a Stop sign late at night. I objected to the frivolity of the ticket, and threatened to not sign. Apparently, at least in MD, if the driver doesn't sign, then they must be brought to the police station for additional processing. When the cop then said to me "You don't really want to waste our time at the station for this, do you?", I said "Thanks. I'll remember that". I signed the ticket. But when I appeared in court, the officer was a no show, and the ticket was dismissed.

tbanasiak

The Baretta tv show theme song says it all!

Speedyellow993

I'm seeing apples and oranges here.

One side is saying Law Enforcement should be and is required to be accurate.

The other side is saying "Man Up" and take responsibility for your actions.

I agree to both but maybe we need to split this thread in two?