Investigation and ticket without my notice
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Joined: Apr 2003
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From: Fremont CA
Car Info: 02 Rally Blue WRX Auto
Investigation and ticket without my notice
Well i just got a letter from Madera County in cali...i had an accident back a while ago there and i was never written or aware of any citation while the cop was there...he had never even said anything bout it....then a couple days ago i got a letter from the madera court house saying that i have a citation...so i call them up and the clerk says that there was an investigation and that they found me to be going 40 over the speed limit and therefore write me a ticket.....i was just wondering if it is legal to have an investigation and write me a citation without me knowing about it...and then sending me a letter a month and a half later saying that there is a citation pending in my name
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Re: Investigation and ticket without my notice
Originally posted by JCWRX
Well i just got a letter from Madera County in cali...i had an accident back a while ago there and i was never written or aware of any citation while the cop was there...he had never even said anything bout it....then a couple days ago i got a letter from the madera court house saying that i have a citation...so i call them up and the clerk says that there was an investigation and that they found me to be going 40 over the speed limit and therefore write me a ticket.....i was just wondering if it is legal to have an investigation and write me a citation without me knowing about it...and then sending me a letter a month and a half later saying that there is a citation pending in my name
Well i just got a letter from Madera County in cali...i had an accident back a while ago there and i was never written or aware of any citation while the cop was there...he had never even said anything bout it....then a couple days ago i got a letter from the madera court house saying that i have a citation...so i call them up and the clerk says that there was an investigation and that they found me to be going 40 over the speed limit and therefore write me a ticket.....i was just wondering if it is legal to have an investigation and write me a citation without me knowing about it...and then sending me a letter a month and a half later saying that there is a citation pending in my name
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Well it is California but, if you were told by the cop that you were free to leave AND there is no other witnessing officer - I think it would be pretty easy to beat. BUT (yes, it's a big but) it may only be easy for a lawyer to beat. So that means, basically, is it gonna be worth hiring a lawyer, maybe making one or more appearnces over in their court to MAYBE get a dismissal or reduction or probation.
The other side to consider, what happens if you pay it and the insurance co. finds out? How expensive will that be?
Also, if there is ANYTHING wrong on the citation, wrong date,time,names,numbers etc. it is not a legal document. again generally - this is one way lawyers get these things dismissed. I wouldn't take my post or anyones elses's as legal advice, I'm not a lawyer, even if I were, I'd only be familiar with the law in my state.
good luck
The other side to consider, what happens if you pay it and the insurance co. finds out? How expensive will that be?
Also, if there is ANYTHING wrong on the citation, wrong date,time,names,numbers etc. it is not a legal document. again generally - this is one way lawyers get these things dismissed. I wouldn't take my post or anyones elses's as legal advice, I'm not a lawyer, even if I were, I'd only be familiar with the law in my state.
good luck
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From: Flatwoods, KY
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I don't think you have to sign the citation. Not sure, but I don't think so. It would probably be worth your time to fight it. If you don't, then it's a fine + it will go on your record, and your insurance will go sky high if they don't drop you all together. On top of that, they won't be responsible to pay for damages if it's reckless. Most states consider reckless (when speed is the issue) anything 20 and over (some states 15 over). If I were you, I would grab a note book, and start writing down everything you remember like weather conditions, traffic, what the cop said or didn't, if there were any witnesses, etc.... Get some pictures of the scene. If there was an investigation, the only way for them to judge your speed would be by tire tracks/skid marks. So take pictures of that if there are any. And find yourself a good yet inexpensive lawyer. If you don't have one already, call around for a free consoltation before you decide on anyone.
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Joined: Apr 2003
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From: Fremont CA
Car Info: 02 Rally Blue WRX Auto
Well considering i already have 2 points on my record im screwed if i get this point i dont believe i was actually going 40 over the limit because doing 50-65 into trees i think it woulda done more damage then what happened...also i live in fremont so going there to take pictures of the accident scene might be a problem
should i ask for a copy of the citation and the investigation notes..would they send it to me...im already thinking bout getting an attorney i just wanna know some other options..thanks for the help
should i ask for a copy of the citation and the investigation notes..would they send it to me...im already thinking bout getting an attorney i just wanna know some other options..thanks for the help
If you ask to see their notes, they have to give you a copy. It's the law in every state. Just ask for copies of everything and do some of your own research. At the end of your research you should be able to determine whether or not it will be worth it to you to follow through with lawyers and what not.
Oh ya one more thing. Make sure you document EVERYTHING!!!! I can't stress this enough. Hope this helps.
Oh ya one more thing. Make sure you document EVERYTHING!!!! I can't stress this enough. Hope this helps.
Last edited by jdmpwrdr; Jan 3, 2004 at 05:30 AM.
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They must make alot of revenue citing people for things they know the person could beat in court, but never want to hassle with...
At least where I live, if no-one sees you driving 40 over, the judge will throw the ticket out. I had a friend who got a citation for reckless driving when she slid on ice into the back of a pickup. When it came to court, the judge simply asked the trooper if he actually witnessed her driving recklessly, and when he said no, the judge dismissed it. This was after she had cussed the cop out and questioned his sexual orientation, too...
He was sooo pissed.
At least where I live, if no-one sees you driving 40 over, the judge will throw the ticket out. I had a friend who got a citation for reckless driving when she slid on ice into the back of a pickup. When it came to court, the judge simply asked the trooper if he actually witnessed her driving recklessly, and when he said no, the judge dismissed it. This was after she had cussed the cop out and questioned his sexual orientation, too...
He was sooo pissed.
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I am a police officer and we issue both criminal and traffic citations via investigation all the time. In the case of accidents, the officers first goal is to check for injuries and then get the roadway cleared. After doing all this, we usually try to get the info and talk to all drivers and witnesses. Our department says to issue a citation at the scene if we can, but it is not required. If I am not going to issue a citation at the scene, but later, I will usually tell the person to expect it in the mail. If he didn't tell you, he may have had to do some calculations to determine your speed, direction...etc. which take time and he later determined what to cite you with. The officer still fills out a PC statement on the ticket and signs it, but puts "investigation" where you would have signed and submits it to the court. The ticket is exactly the same except it is issued by the court and not the officer directly. Accidents are one of the few exceptions to having an officer actually view the violation i.e. speeding, following to close, because we respond after the fact.
Sorry for the long post, but I like to clarify the way the public perceives how police do their job.
Sorry for the long post, but I like to clarify the way the public perceives how police do their job.
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Originally posted by Judas
At what point did traffic become the police's primary concern? Is it because there's more money there? I think it's sad that we naturally associate police with traffic management now, and not real crime prevention.
At what point did traffic become the police's primary concern? Is it because there's more money there? I think it's sad that we naturally associate police with traffic management now, and not real crime prevention.
There are some officers who's only duty involves traffic, hence they are called traffic officers. However, in a medium size city, I would say that there are about 20 regular patrol officers for every 1 traffic cop. That's how it is in my department....King County Sheriff's Office (Seattle).
Last edited by RainyWRX; Jan 4, 2004 at 05:43 AM.
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Maybe it's just that traffic cops are the ones people interact with the most, so they assume the police are always driving around looking for people to pull over for minor infractions.
It really sucks driving behind a police car on a highway, too, 'cause no-one will pass him. They just block both lanes and stay there, holding everyone up.
I know a few troopers, though, and they're pretty reasonable people. I've been pulled over a few times, but never gotten a ticket. (knock on wood)
It really sucks driving behind a police car on a highway, too, 'cause no-one will pass him. They just block both lanes and stay there, holding everyone up.
I know a few troopers, though, and they're pretty reasonable people. I've been pulled over a few times, but never gotten a ticket. (knock on wood)


