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jon_k

Hello everyone.

Tonight I received a speeding ticket for going 85 in a 60 zone.

The cop gave me one of those computer-printed tickets and said I had to appear before the court. I didn't say anything and told him to have a good night. He walked off and I went home. This happened in Euless.

I then got home and read the ticket. I noticed in the bottom it says:

"I AGREE TO APPEAR BEFORE THE COURT BY THE DATE ON THE BACK OF THIS CITATION. NOTICE: I understand failure to appear will result in separate charges"

Then there was a signature line. The cop never asked me to sign it, and I never did.

I've always had a cop ask me to sign it. I asked a cop once what happens if I refuse to sign and he says that he will arrest me.

Since I never signed (agreed to appear before the court) nor got arrested for refusal... I have an out on this ticket right?

I of course don't want to go to court because I don't have to. I never agreed to. What do you think I can do to get this ticket dismissed? What's the proper plan of action?

I've already contacted a lawyer about this, I want peoples feedback here too.

rogerfsmith · **Why? -** 10-11-2007, 01:53 AM

I don't see how getting our opinion on this has any value at all. Your lawyer is the one you ought to get such advice from.

cheers,
Roger

jon_k · 10-11-2007, 02:00 AM

Quote:

Originally Posted by rogerfsmith

I don't see how getting our opinion on this has any value at all. Your lawyer is the one you ought to get such advice from.

cheers,
Roger

Yeah. I know. I'll be hearing back from him tomorrow. I just sent him an E-Mail tonight. I just thought it wouldnt hurt to see other peoples opinion.

okcwannabe · 02:20 AM

I know I always wish for an out on tickets :) But I don't think you will get out of this one :( Some states have a line on the traffic citation where you acknowledge the summons and agree to appear for court. It doesn’t matter if you sign or not, you are still required to be in court on the date and time listed on the ticket. If you don't appear I understand it as you will be found guilty, a fine will be added for failure to appear, and a warrant will be issued for your arrest. Around here they also suspend your driver's license. There is no state that requires you to sign a speeding ticket for it to be valid. Now as for having to appear, I have always just sent in my ticket marked "no solo content" and the amount for the fines, or gone to the city hall for that town and paid it, unless you want to fight it in which you would obviously show up. Hopes this helps!

JenJohnson79 · 10-11-2007, 08:31 AM

I had a cop spell my name wrong once and the ticket was dismissed!

Steelsun · 10-11-2007, 08:40 AM

Not signing is not an auto out, signing is just an 'extra' acknowledgment that you know you received the ticket.
If the cop has a dashboard cam (most do), it would show you receiving the ticket, so if you missed the court date and tried to claim it wasn't you the cop ticketed you would still be toast (and liable for perjury too)

keefeborden · 10-11-2007, 09:20 AM

Quote:

Originally Posted by rogerfsmith

I don't see how getting our opinion on this has any value at all. Your lawyer is the one you ought to get such advice from.

cheers,
Roger

I think this is the best advice you can take from this forum. Go get a lawyer and do what he says. Since you did ask, I'll give you my opinion even as I advise you not to listen to it....
See if it's possible to plead no contest via mail or email. You would almost certainly have to do defensive driving, but it would save you the trouble of having to go to court first.

Good luck, Keefe.

JayinFW · 10-11-2007, 01:37 PM

A citation is just a summons to appear before the court in order to enter a plea. You have been charged with a crime of speeding and for your convenience you were issued a citation. If you had signed it then you would have promised to appear before the court with in ## days. Since you didn't sign it, then you didn't promise to appear before the court, but you are still obligated to do so. Additionally for your convenience you can enter a plea by mailing the ticket to the court with your plea indicated on the ticket.

Failure to do either doesn't make the issue go away. You still have to have your case adjudicated. So if you ignore it a Failure to Appear charge will be filed and you will not be given the opportunity to appear before the court at your convenience. You will have a FTA warrant issued, you will usually have that FTA arrest warrant executed during your next traffic stop, your vehicle will most likely be impounded, you will be booked into jail until either an arraignment hearing or until you post bail which is usually equal to the original fine plus the FTA fine.

rdking91 · 10-11-2007, 01:56 PM

dude, was ya guilty? go do what is right! you will sleep better!

Roy · 10-11-2007, 02:33 PM

85 in a 60? What was the rush?

dreemes · 10-11-2007, 03:12 PM

When I was a volunteer fire fighter I didn't even have a right to do 85 in a 60 going to a emergency call.

JayinFW · 10-11-2007, 06:55 PM

Quote:

Originally Posted by dreemes

When I was a volunteer fire fighter I didn't even have a right to do 85 in a 60 going to a emergency call.

Actually as an emergency vehicle you would have had the legal right but we all have a responsibility to drive with due regard for public safety. And 85 in a 60 may not have been safe in a private vehicle without the proper lights and siren, during the time of day, and with the traffic conditions.

As an officer I had the legal right to drive as fast as needed as long as it was with due regard for public safety. An example, when I was working evenings and responding to a domestic violence call it was not safe to drive faster then 85 on a local highway. But while working nights at 3am it was perfectly safe to drive 127 on the same highway to back up an officer in a fight with a Agg Robbery suspect.

shawn patrick · 08:37 PM

Jay in Fort Worth is correct. Long ago, in my youth, I received a large number of traffic tickets and failed to appear a large number of times. This resulted in a large number of failure to appear warrants. And my arrest a large number of times for things that many people wouldn't really even consider a crime. And they may not even wait for you to get pulled over again. They came to my job and arrested me for a 30 mph in a school zone ticket. You will then get the speeding ticket fine, the failure to appear fine and pay for your car to be impounded. It cost 3 times as much and is a major inconvenience.

So even if you don't want to pay- be sure to show up to tell them you don't want to pay.

Otherwise, they will put you in ugly coveralls, serve you bad food and make you share a room with other traffic offenders who smell bad.

Trust me about the smell.

Cope · 10-11-2007, 08:41 PM

Quote:

Originally Posted by JayinFW

Actually as an emergency vehicle you would have had the legal right but we all have a responsibility to drive with due regard for public safety. And 85 in a 60 may not have been safe in a private vehicle without the proper lights and siren, during the time of day, and with the traffic conditions.

Some VFDs do not allow higher speeds even though they are legal for emergency vehicles.

carrbowl · 10-11-2007, 08:42 PM

Yuk...sounds like a not so good learning experience...however one you will remember not to do again!!

Pixtus - Photography Forum, Photographers, Photo Tips

I do not have to appear before a court for this ticket?