Failure to Appear Warrant

[doneboge]

I had a warrant for Failure to Appear in a city court in Utah several years ago. From what I understand (from my cop buddies) is that the courts can only issue such a warrant if the defendant signs the speeding ticket, thus promising to appear in court within 5-14 days.

In the case of this warrant I had not signed the ticket. Keep in mind that I didn't refuse to sign the ticket. The officer simply neglected to ask me to do so before he let me go. I also never appeared in court because I never signed the ticket.

I contested the warrant and I was told by the presiding officer that I was wrong, and that the courts can issue such warrants in these cases. I, to this day, feel that I was bullied and intimidated into paying the court my hard earned money (over $500) all because a presiding officer had too much pride to say he was wrong.

I'm willing to admit being wrong myself, but I need to satisfy my morbid curiosity by knowing who was right: me or the court. Maybe someone else can at least read this and know how to avoid being ripped off like I was. I already have two cop friends telling me that the court was wrong, but I'm hoping for a more expert third opinion.

Any help would be greatly appreciated. This is obviously still bugging me after several years of it's resolution.

 

[HighwayMan]

You received a traffic ticket and decided to ignore it and now you are upset that the court issued a warrant and you had to pay a fine?

Obviously you don't trust what your "cop buddies" are telling you. Police officers are not law experts and your friends might not be telling you the right thing. Obviously the judge didn't think so.

Some courts will not process a citation unless the violator has signed the promise to appear. Each court might handle things a bit differently. You should have been arrested and brought before a judge, but either way you ended up in court. I fail to see how you got "ripped off".

 

[Dillon]

I'm willing to admit being wrong myself, but I need to satisfy my morbid curiosity by knowing who was right: me or the court. Maybe someone else can at least read this and know how to avoid being ripped off like I was. I already have two cop friends telling me that the court was wrong, but I'm hoping for a more expert third opinion.

Any help would be greatly appreciated. This is obviously still bugging me after several years of it's resolution.

you are right, no signed ticket mean you are not obligated to appear.

its a rebuttabe presumption

 

[cyjeff]

you are right, no signed ticket mean you are not obligated to appear.

Please quote the statutes and/or case law that makes this statement true.

Thanks.

 

[Dillon]

Please quote the statutes and/or case law that makes this statement true.

Thanks.

do your homework

its a contract to appear, if not, why sign any traffic tickets?

 

[cyjeff]

do your homework

its a contract to appear, if not, why sign any traffic tickets?

You are the one that made a global and sweeping general statement of dubious lineage.

if you cannot back up your own statement with the source of your knowledge, we will just assume that such sources do not exist.

Like all of your other statements.

 

[HappyWanderer]

Interesting puzzle. Clearly, the signature is a promise (not a contract) to appear. Yet, a court can issue a warrant with probable cause. This seems a SNAFU where the OP MAY have an excuse to avoid a separate FTA charge, if argued correctly. But, I bet this has happened before and we don't need seat of the pants guestimates of what can happen. What's the case law?

 

[Dillon]

Interesting puzzle. Clearly, the signature is a promise (not a contract) to appear. Yet, a court can issue a warrant with probable cause. This seems a SNAFU where the OP MAY have an excuse to avoid a separate FTA charge, if argued correctly.

contract

Definition 1

A binding agreement between two or more partes for performing, or refraining from performing, some specified act(s) in exchange for lawful consideration (aka not go to jail)

also see
adhesion contract (contract of adhesion)

n. a contract (often a signed form) so imbalanced in favor of one party over the other that there is a strong implication it was not freely bargained. Example: a rich landlord dealing with a poor tenant who has no choice and must accept all terms of a lease, no matter how restrictive or burdensome, since the tenant cannot afford to move. An adhesion contract can give the little guy the opportunity to claim in court that the contract with the big shot is invalid. This doctrine should be used and applied more often, but the same big guy-little guy inequity may apply in the ability to afford a trial or find and pay a resourceful lawyer. (See: contract)

 

[HighwayMan]

What about definition 2?

 

[Dillon]

You are the one that made a global and sweeping general statement of dubious lineage.

a traffic ticket (aka notice to appear) is really a transaction of a security interest.

Definition of security interest:

1.Enforceable claim or lien created by a security agreement, or by the operation of law, that secures the fulfillment of a pledge.

now, that's global and sweeping

 

[I_Got_Banned]

a traffic ticket (aka notice to appear) is really a transaction of a security interest.

Definition of security interest:

1.Enforceable claim or lien created by a security agreement, or by the operation of law, that secures the fulfillment of a pledge.

now, that's global and sweeping

You maybe correct about your global and sweeping definitions of "contract", "security interest"... and whatever else you're using to try and justify your incorrect answer. However, those are applicable if and when the matter is a CIVIL matter, and this is NOT a civil matter...

Here are some definitions you should read... These are more specific to Traffic matters (infractions) and the requirements for what the notice to appear MUST contain:

Utah Code
Title 77 Utah Code of Criminal Procedure
Chapter 7 Arrest, by Whom, and How Made
Section 20 Service of citation on defendant -- Filing in court -- Contents of citations.

77-7-20.​

Service of citation on defendant -- Filing in court -- Contents of citations.

(1) If a citation is issued pursuant to Section 77-7-18, the peace officer or public official shall issue one copy to the person cited and shall within five days file a duplicate copy with the court specified in the citation.
(2) Each copy of the citation issued under authority of this chapter shall contain:

(a) the name of the court before which the person is to appear;
(b) the name of the person cited;
(c) a brief description of the offense charged;
(d) the date, time and place at which the offense is alleged to have occurred;
(e) the date on which the citation was issued;
(f) the name of the peace officer or public official who issued the citation, and the name of the arresting person if an arrest was made by a private party and the citation was issued in lieu of taking the arrested person before a magistrate;
(g) the time and date on or before and after which the person is to appear;
(h) the address of the court in which the person is to appear;
(i) a certification above the signature of the officer issuing the citation in substantially the following language: "I certify that a copy of this citation or information (Summons and Complaint) was duly served upon the defendant according to law on the above date and I know or believe and so allege that the above-named defendant did commit the offense herein set forth contrary to law. I further certify that the court to which the defendant has been directed to appear is the proper court pursuant to Section 77-7-21."; and
(j) a notice containing substantially the following language:

READ CAREFULLY
This citation is not an information and will not be used as an information without your consent. If an information is filed you will be provided a copy by the court. You MUST appear in court on or before the time set in this citation. IF YOU FAIL TO APPEAR, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST.​

Amended by Chapter 292, 2009 General Session​

​

​

And for kicks, here is section77-7-18:

Utah Code
Title 77 Utah Code of Criminal Procedure
Chapter 7 Arrest, by Whom, and How Made
Section 18 Citation on misdemeanor or infraction charge.

77-7-18.​

Citation on misdemeanor or infraction charge.
A peace officer, in lieu of taking a person into custody, any public official of any county or municipality charged with the enforcement of the law, a port-of-entry agent as defined in Section 72-1-102, an animal control officer of a special service district under Title 17D, Chapter 1, Special Service District Act, that is authorized to provide animal control service, and a volunteer authorized to issue a citation under Section 41-6a-213 may issue and deliver a citation requiring any person subject to arrest or prosecution on a misdemeanor or infraction charge to appear at the court of the magistrate before whom the person should be taken pursuant to law if the person had been arrested.​

Amended by Chapter 360, 2008 General Session​

I don't see anything about a defendant's signature anywhere in either statute!

The presumption can be made here that the OP (the defendant) was handed a citation by the officer at the time of the stop... i.e. he was PROPERLY "served" with a copy of the complaint. And therefore his appearance is REQUIRED.....

 

[racer72]

A signature is only required if a mandatory court appearance is required. The OP was not required to appear in court. He could pay the ticket and not set foot in a court room. A traffic ticket is not a contract nor a summons. It is strictly a notice to post (or forfeit) bail. You can post a no cost bail (show up at the day and time listed on the ticket to challenge the citation) or pay the fine (forfeiting bail).

The ticket had a date and time for you to appear in court, when you failed to appear, a valid warrant was issued. Besides paying the fine and any late fees, you have now been found guilty and cannot appeal the conviction. Further penalties could result in suspension of your driving privileges. Get pulled over again and the $500 you owe now will seem like a drop in the bucket compared to the fines, towing and impound costs.

I would also suggest talking to attorneys for legal advice, your cop buddies obviously have no clue about the laws of your state.


And once again Dillon has shown himself to be a blooming idiot, you are getting really good at it.

 

[HighwayMan]

that's global and sweeping

As the late, great Graham Chapman used to say, "you're a looney".

 

[Dillon]

You maybe correct about your global and sweeping definitions of "contract", "security interest"... and whatever else you're using to try and justify your incorrect answer. However, those are applicable if and when the matter is a CIVIL matter, and this is NOT a civil matter...


The presumption can be made here that the OP (the defendant) was handed a citation by the officer at the time of the stop... i.e. he was PROPERLY "served" with a copy of the complaint. And therefore his appearance is REQUIRED.....

doesn't process (aka summons) have to be served by a person not a party to the matter?

is'nt the officer the witness (aka the accuser) ?



also in the ohio revised code:

2935.26 Minor misdemeanor citation.

(A) Notwithstanding any other provision of the Revised Code, when a law enforcement officer is otherwise authorized to arrest a person for the commission of a minor misdemeanor, the officer shall not arrest the person, but shall issue a citation, unless one of the following applies:

(1) The offender requires medical care or is unable to provide for his own safety.

(2) The offender cannot or will not offer satisfactory evidence of his identity.

(3) The offender refuses to sign the citation.

 

[Dillon]

A signature is only required if a mandatory court appearance is required. The OP was not required to appear in court. He could pay the ticket and not set foot in a court room. A traffic ticket is not a contract nor a summons. It is strictly a notice to post (or forfeit) bail. You can post a no cost bail (show up at the day and time listed on the ticket to challenge the citation) or pay the fine (forfeiting bail).

The ticket had a date and time for you to appear in court, when you failed to appear, a valid warrant was issued. Besides paying the fine and any late fees, you have now been found guilty and cannot appeal the conviction. Further penalties could result in suspension of your driving privileges. Get pulled over again and the $500 you owe now will seem like a drop in the bucket compared to the fines, towing and impound costs.

I would also suggest talking to attorneys for legal advice, your cop buddies obviously have no clue about the laws of your state.

tick⋅et/ˈtɪkɪt/ Show Spelled Pronunciation [tik-it] Show IPA

Use ticket in a Sentence

See web results for ticket

See images of ticket

–noun 1. a slip, usually of paper or cardboard, serving as evidence that the holder has paid a fare
or admission or is entitled to some service, right, or the like: a railroad ticket; a theater ticket.

2. a summons issued for a traffic or parking violation.

3. a written or printed slip of paper, cardboard, etc., affixed to something to indicate its nature, price, or the like; label or tag.
4. a slate of candidates nominated by a particular party or faction and running together in an election.
5. the license of a ship's officer or of an aviation pilot.

6. Banking. a preliminary recording of transactions prior to their entry in more permanent books of account.

gee, there is no way a ticket is used to record a transaction of a security interest? yeah right