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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 04-14-2009, 12:13 PM
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service of ticket


What is the name of your state (only U.S. law)? VA

is it legal to serve papers - specifically traffic tickets -- on an unconscious person?

my husband was served in the icu -- while unconscious & on a ventilator -- he had been out for 5 days and was out for 3 more after being served.
how would he have known he had the paperwork if i wasn't there to get it?
he had a different nurse every 12 hours -- no one could have relied on them to keep up with it, plus it's not part of their job
  #2  
Old 04-14-2009, 12:41 PM
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Yet, he got it nonetheless
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  #3  
Old 04-14-2009, 12:43 PM
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When I was clobbered by a speeding moving van, the driver of the van got served similarly in the hospital. If you don't show up for your case, they'll serve you again (either in person or by taping the summons to the front door).
  #4  
Old 04-14-2009, 12:57 PM
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Quote:
Originally Posted by Zigner View Post
Yet, he got it nonetheless
of course he got it, as i stated -- i was there.

it just amazes me that they couldn't wait until he was awake -- they knew exactly where he was and that he wasn't going anywhere anytime soon.

they also knew exactly where we live.

and it also amazed me that they had to go into the icu room and read the charges to him -- although i did get them to do most of it in the hallway as he would get very agitated at certain noises and they'd have to keep increasing his sedation.

the nurse said that she had seen officers toss tickets on top of dead people before.
  #5  
Old 04-14-2009, 12:58 PM
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The point is...he was served. Don't dwell on the how as it is done.
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Tell it like it is! When all else fails, make up a statistic!

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  #6  
Old 04-14-2009, 12:59 PM
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Quote:
Originally Posted by FlyingRon View Post
When I was clobbered by a speeding moving van, the driver of the van got served similarly in the hospital. If you don't show up for your case, they'll serve you again (either in person or by taping the summons to the front door).
i wonder if that would qualify as a failure to appear?

like i said, no harm done because he got the tickets and we're making sure the court dates are continued until he's healthy enough to appear, it's just one of those things i was wondering about.
  #7  
Old 04-14-2009, 01:00 PM
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Originally Posted by Zigner View Post
The point is...he was served. Don't dwell on the how as it is done.
good point -- more important things to worry about
thanks for taking the time to answer.
  #8  
Old 04-14-2009, 01:33 PM
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Originally Posted by slwx View Post
i wonder if that would qualify as a failure to appear?

like i said, no harm done because he got the tickets and we're making sure the court dates are continued until he's healthy enough to appear, it's just one of those things i was wondering about.
How it would qualify? Easy, he's name is on the docket. He doesn't come up to the front of the court room when his name is called. The capias is either issues or the case is tried in absentia (for traffic violations). You will get notice. You always have the option in GDC traffic court to get a de novo trial in district court.

At least it's not like DC where they give dead pedestrians citations for jaywalking.
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