J-walking ticket - never signed the ticket and put in handcuffs...

[tmoore1234]

So a few weeks ago, in Pacific Beach in California, I was stopped for J-walking. I was going to cross the street, at the cross walk, and was waiting for the left turn green arrow to finish before crossing the street. I knew I was going to be able to walk after the left turn arrow because its an intersection I cross often, so I stepped into the crosswalk a second or before the left turn yellow finished. Two steps into the crosswalk and it was green and I walked across only to be met by two officers who called me over. They asked for my ID and I asked them what the problem was and they said J-walking. I told him the light looked pretty green to me and he said it wasn't when I first stepped into the crosswalk.

If you aren't familiar with Pacific Beach it is filled with a lot of college students (I am in my mid 20's) and there are ALOT of j-walking occurring every night. In the time I was detained I saw at least 15 incidents in which the officers did not stop the pedestrians. Anyways, after talking for awhile they told me to sign the ticket and I said I wanted to read it first. I began reading the ticket, and one of the officers told me just to sign it. I said I wasn't going to sign something without reading it, and they told me to just sign it again. I asked them to just give me a minute to read it over, and they said I was resisting arrest and put me in handcuffs. I never signed the ticket.

Long story short, they took me over to a group of officers where I was questioned again, had the same responses, and the main officer there said he will just take me to the 'detox center' where I would be detained for 4 hours then released. The officer that arrested me said 'no, take him to jail.' The other officer said that taking me to the detox center would be fine because 'I was fine' and the other officer proceeded to tell him "no he's going to jail." Long story short (for real this time), I sat handcuffed in the back of the van from 10:30 til 1:30 as the van collected a few more detainees and we headed downtown where I sat at the detox center for 4 hours then took a cab home.

I got a notice in the mail today for the 21456B violation. Is this possible if I never signed the ticket? Also, can I fight this in anyway? How should I approach this? The officer singled me out, and I feel like he knew he could be in the wrong so he just wanted to take me to jail. Also, how could he arrest me for 'resisting arrest' if I was just trying to read the ticket before signing it? He put me in handcuffs for no apparent reason (other than 'resisting arrest'?) and never read me my rights or anything. Help please!! Thank you in advance!!

 

[HomeGuru]

So a few weeks ago, in Pacific Beach in California, I was stopped for J-walking. I was going to cross the street, at the cross walk, and was waiting for the left turn green arrow to finish before crossing the street. I knew I was going to be able to walk after the left turn arrow because its an intersection I cross often, so I stepped into the crosswalk a second or before the left turn yellow finished. Two steps into the crosswalk and it was green and I walked across only to be met by two officers who called me over. They asked for my ID and I asked them what the problem was and they said J-walking. I told him the light looked pretty green to me and he said it wasn't when I first stepped into the crosswalk.

If you aren't familiar with Pacific Beach it is filled with a lot of college students (I am in my mid 20's) and there are ALOT of j-walking occurring every night. In the time I was detained I saw at least 15 incidents in which the officers did not stop the pedestrians. Anyways, after talking for awhile they told me to sign the ticket and I said I wanted to read it first. I began reading the ticket, and one of the officers told me just to sign it. I said I wasn't going to sign something without reading it, and they told me to just sign it again. I asked them to just give me a minute to read it over, and they said I was resisting arrest and put me in handcuffs. I never signed the ticket.

Long story short, they took me over to a group of officers where I was questioned again, had the same responses, and the main officer there said he will just take me to the 'detox center' where I would be detained for 4 hours then released. The officer that arrested me said 'no, take him to jail.' The other officer said that taking me to the detox center would be fine because 'I was fine' and the other officer proceeded to tell him "no he's going to jail." Long story short (for real this time), I sat handcuffed in the back of the van from 10:30 til 1:30 as the van collected a few more detainees and we headed downtown where I sat at the detox center for 4 hours then took a cab home.

I got a notice in the mail today for the 21456B violation. Is this possible if I never signed the ticket? Also, can I fight this in anyway? How should I approach this? The officer singled me out, and I feel like he knew he could be in the wrong so he just wanted to take me to jail. Also, how could he arrest me for 'resisting arrest' if I was just trying to read the ticket before signing it? He put me in handcuffs for no apparent reason (other than 'resisting arrest'?) and never read me my rights or anything. Help please!! Thank you in advance!!

**A; are you telling the complete story?

 

[tmoore1234]

Other details:
ME: you must be writing a lot of tickets tonight if you are giving me one for this.
HIM: yup, probably able 30
ME: you're proud of that aren't you
HIM: yup

ME: Whats your name officer?
HIM: it doesn't matter.
ME: Why wouldn't you want to give me your name?

When they handed me the ticket I was trying to read it and they kept talking to me and asking me questions while I was reading it. After like 15 seconds of this I asked them to just give me a minute to read it and that is when they hand cuffed me.

those are the worst parts of the conversation... other than that he was asking general questions about my night. Told him I had a few beers (I had 4 beers over the previous 2 hours) and he told me I was lucky he's not arresting me for drunk in public.

 

[HomeGuru]

We are sure there is more to the story.

 

[tmoore1234]

There is not. I was speaking with a condescending tone and was sarcastic/rude but those are the events. Any advice/help please?

 

[betachains]

So a few weeks ago, in Pacific Beach in California, I was stopped for J-walking. I was going to cross the street, at the cross walk, and was waiting for the left turn green arrow to finish before crossing the street. I knew I was going to be able to walk after the left turn arrow because its an intersection I cross often, so I stepped into the crosswalk a second or before the left turn yellow finished. Two steps into the crosswalk and it was green and I walked across only to be met by two officers who called me over. They asked for my ID and I asked them what the problem was and they said J-walking. I told him the light looked pretty green to me and he said it wasn't when I first stepped into the crosswalk.

If you aren't familiar with Pacific Beach it is filled with a lot of college students (I am in my mid 20's) and there are ALOT of j-walking occurring every night. In the time I was detained I saw at least 15 incidents in which the officers did not stop the pedestrians. Anyways, after talking for awhile they told me to sign the ticket and I said I wanted to read it first. I began reading the ticket, and one of the officers told me just to sign it. I said I wasn't going to sign something without reading it, and they told me to just sign it again. I asked them to just give me a minute to read it over, and they said I was resisting arrest and put me in handcuffs. I never signed the ticket.

Long story short, they took me over to a group of officers where I was questioned again, had the same responses, and the main officer there said he will just take me to the 'detox center' where I would be detained for 4 hours then released. The officer that arrested me said 'no, take him to jail.' The other officer said that taking me to the detox center would be fine because 'I was fine' and the other officer proceeded to tell him "no he's going to jail." Long story short (for real this time), I sat handcuffed in the back of the van from 10:30 til 1:30 as the van collected a few more detainees and we headed downtown where I sat at the detox center for 4 hours then took a cab home.

I got a notice in the mail today for the 21456B violation. Is this possible if I never signed the ticket? Also, can I fight this in anyway? How should I approach this? The officer singled me out, and I feel like he knew he could be in the wrong so he just wanted to take me to jail. Also, how could he arrest me for 'resisting arrest' if I was just trying to read the ticket before signing it? He put me in handcuffs for no apparent reason (other than 'resisting arrest'?) and never read me my rights or anything. Help please!! Thank you in advance!!

You may be taken to jail and ganged-raped for being a white-boy. Or not.

More likely, the DA has better things to do. Just show up for your hearing. If the charge is being pursued, plead not guilty and then hire a lawyer.

It is useless to talk with police, except to thank them for stopping or arresting you. The best thing to do, in almost all circumstances if you are not the obvious victim, is to chit-chat nicely and never give any useful information. Call a lawyer.

 

[tmoore1234]

I don't have a hearing schedule I just have this paper telling me my options for this j-walking violation, I can either pay it or schedule a court date. Should I fight it in court? I didn't think I would get this ticket if I never signed it...

 

[betachains]

Other details:
ME: you must be writing a lot of tickets tonight if you are giving me one for this.
HIM: yup, probably able 30
ME: you're proud of that aren't you
HIM: yup

ME: Whats your name officer?
HIM: it doesn't matter.
ME: Why wouldn't you want to give me your name?

When they handed me the ticket I was trying to read it and they kept talking to me and asking me questions while I was reading it. After like 15 seconds of this I asked them to just give me a minute to read it and that is when they hand cuffed me.

those are the worst parts of the conversation... other than that he was asking general questions about my night. Told him I had a few beers (I had 4 beers over the previous 2 hours) and he told me I was lucky he's not arresting me for drunk in public.

You shouldn't talk back to the police. They can and will cuff you for disrespect. Unless you are also a police officer, fireman, doctor, nurse - then you get off. That's just the way it is.

Relax. Chances are that you won't be charged at all. If charged, get a lawyer.

 

[tmoore1234]

Yeah I should not have talked back (obviously), I was just pissed and couldn't believe this was actually happening.

I thought I was already being charged? Isn't that what this notification paper I got in the mail is for? So I should schedule a court date and plead not guilty?

 

[betachains]

Yeah I should not have talked back (obviously), I was just pissed and couldn't believe this was actually happening.

I thought I was already being charged? Isn't that what this notification paper I got in the mail is for? So I should schedule a court date and plead not guilty?

Show up on the court date (MOST IMPORTANT). Chances are no one cares and your charges get dismissed. If not, plead "not Guilty". Then get a lawyer.

 

[davew128]

Ok, I live in PB, and I know that while jaywalking is generally not enforced, sometimes cops crack down. What was the intersection? I'm guessing probably Mission and Grand? I can also tell you that sometimes along Mission especially weekends the cops are very...forceful when it comes to ANYONE who might look intoxicated. See Miller's Field. Given some of the shenanigans I see from college age kids puking, urinating, and yelling, I think in general SDPD does a pretty good job of keeping things in check.

So what are you not telling us?

 

[davew128]

More likely, the DA has better things to do. Just show up for your hearing. If the charge is being pursued, plead not guilty and then hire a lawyer.

Don't be stupid. This is an infraction, and the City Attorney won't even be involved. It gets heard in the traffic court session in Kearny Mesa. It might get dismissed outright for a small fine and community service.

 

[FlyingRon]

I don't know why we have a whole thread of full of nonsense here.

Signing the ticket doesn't imply guilt or even acceptance of the charges. All it is implies is that you will either pay the ticket or promise to appear on your court date. Essentially, you're being released on your promise. You don't make that promise, then you go to jail so they can set bail. That's just the way it works. No doubt you were told this several times during your tantrum with the police.

 

[tranquility]

I agree with FlyingRon. Every police officer has a memorized statement he give when he hands over the citation to be signed. I still remember mine and I haven't been a cop for over 25 years and wasn't even a cop that long before that.

"Signing the ticket is not an admission of guilt, it is only a promise to appear." was mine.