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Got a ticket recently and procedures the officer took is very shaky

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  • Got a ticket recently and procedures the officer took is very shaky

    i got in trouble for a wreck two days ago and just today the officer issued a notice for traffic law. he didn't give it to a guardian or myself (i am a 17 year old minor) but to my younger sister instead. he also didn't say anything about there being a possible ticket or take any insurance information at the time of the accident. there is, unreasonably, no procedures followed at all at time of issuance of the notice or the accident but is there any law not followed here that will help me avoid a fine or getting driving probation?

  • #2
    re: Got a ticket recently and procedures the officer took is very shaky

    I wish to inform you that generally a citation, traffic violation ticket or notice to appear is served at the scene of the occurrence by a law enforcement official. It compels the appearance of a defendant before the local magistrate within a certain period of time to answer for a minor traffic infraction or misdemeanor or other summary offence. Further, failure to appear within the allotted period of time is a separate crime of failure to appear.

    AFF

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    • #3
      re: Got a ticket recently and procedures the officer took is very shaky

      i already knew that much i was just wondering if he had a time limit on which he had to issue it by since it was 2 days after my wreck or if it was against some law that he gave it to a minor (my sister) who wasn't the offender and expected her to deliver it to me. also he didnt take any insurance information which is part of procedure. you know just trying to avoid the fine as well as i can since i have to pay for my car repairs out of pocket also.

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      • #4
        re: Got a ticket recently and procedures the officer took is very shaky

        Originally posted by chrispartlow View Post
        i got in trouble for a wreck two days ago and just today the officer issued a notice for traffic law. he didn't give it to a guardian or myself (i am a 17 year old minor) but to my younger sister instead. he also didn't say anything about there being a possible ticket or take any insurance information at the time of the accident. there is, unreasonably, no procedures followed at all at time of issuance of the notice or the accident but is there any law not followed here that will help me avoid a fine or getting driving probation?
        Originally posted by AFFA View Post
        I wish to inform you that generally a citation, traffic violation ticket or notice to appear is served at the scene of the occurrence by a law enforcement official. It compels the appearance of a defendant before the local magistrate within a certain period of time to answer for a minor traffic infraction or misdemeanor or other summary offence. Further, failure to appear within the allotted period of time is a separate crime of failure to appear.

        AFF
        Originally posted by chrispartlow View Post
        i already knew that much i was just wondering if he had a time limit on which he had to issue it by since it was 2 days after my wreck or if it was against some law that he gave it to a minor (my sister) who wasn't the offender and expected her to deliver it to me. also he didnt take any insurance information which is part of procedure. you know just trying to avoid the fine as well as i can since i have to pay for my car repairs out of pocket also.
        There is no specific time limit after an accident during which a ticket needs to be issued, if one is to be issued, except that which applies to a specific statute. Feasibly, the police may need more time to investigate an incident before issuing any citations to the involved parties. Two days after the wreck isn't an unusual amount of time.

        As for WHO the ticket was given to, while unusual, it wouldn't necessarily be illegal to give the citation written for you to your sister. There could be any number of reasons why they did that.

        As for insurance information, unless there was an allegation that you were uninsured for the vehicle you were driving, it's not the police officer's job to collect insurance information. That's something that is usually exchanged between the drivers of the involved vehicles.

        I'm sure you are looking for any excuse to get you out of paying a fine for your part in the accident, but nothing you have stated here is going to be able to do it for you. And having to pay that on top of the repairs to the car? Unless you have only liability coverage, you should be able to submit a claim to your insurance company to cover those costs. If you are covered under only liability coverage, or a no-fault insurance policy such as those they require in Michigan, then yes, you'll be paying for those all by yourself. If you can't afford the damages and the fines, then perhaps you should be paying closer attention and not driving in a manner conducive to causing an accident.
        "If it ain't in writing, it never happened."
        "A lack of planning on your part does not constitute an emergency on my part."
        "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

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        • #5
          Re: Got a ticket recently and procedures the officer took is very shaky

          As Sandy said, you are grasping in thin air. Put on your big boy/girl panties and deal with life.
          Due to a recent promotion, I should now be referred to as Major Obvious.

          I would not be trying to provide information and knowledge if I did not sympathize.

          Some days it is just not worth chewing through the restraints to face life.

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          • #6
            Re: Got a ticket recently and procedures the officer took is very shaky

            Originally posted by chrispartlow View Post
            i already knew that much i was just wondering if he had a time limit on which he had to issue it by since it was 2 days after my wreck

            I will quote my state for reference. A Minor Misdemeanor must be prosecuted within 6 months. As long as the time limitation to charge has not been violated, you have no recourse there.


            or if it was against some law that he gave it to a minor (my sister) who wasn't the offender and expected her to deliver it to me.

            EXECUTION of a Summons is as follows;

            (3) Manner. Summons may be served upon a defendant by delivering a copy to the defendant personally, or by leaving it at the defendant’s usual place of residence with some person of suitable age and discretion then residing therein.

            Leaving it with your sister, as long as she is not under under 10 or so, will no doubt satisfy your state's Rules also. Even if service were improper, not appearing when you are AWARE of service s a bad idea. If you do not appear, a warrant may be issued for your arrest, then you can explain to the Judge what happened, it won't help, and also you will have an arrest record.

            APPEAR when scheduled, then you can bring the point up if you wish, don't expect it to help, at all

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