Investigation and ticket without my notice

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Old Jan 2, 2004 | 12:07 PM
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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
Old Jan 2, 2004 | 12:59 PM
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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
I believe it is. You can probably fight it, but I'm not a lawyer so I dunno how.
Old Jan 2, 2004 | 01:13 PM
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that sucks though, fight that thing

on a side note, were you going 40 over?
Old Jan 2, 2004 | 03:40 PM
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I thought you had to sign the citation on the scene for it to be valid.
Old Jan 2, 2004 | 04:26 PM
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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.
Old Jan 2, 2004 | 05:50 PM
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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
Old Jan 2, 2004 | 11:13 PM
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You should be entitled to a copy of the citation, but I doubt that they'd share their notes with you. They'd probably fork them over to your lawyer though.
Old Jan 3, 2004 | 05:26 AM
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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.

Last edited by jdmpwrdr; Jan 3, 2004 at 05:30 AM.



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