M
MSFITZ
Guest
State: New Hampshire
My question is about summons issuance procedures for police officers. A friend was riding a motorcycle on a back road that was unregistered and his license was under suspension. At the time the officer pulled up to him he was pushing the motorcycle. The officer had allegedly seen him prior to this & advised wanted to issue him a must appear summons for driving after suspension. Another officer at the scene told the officer that he could not issue him the driving after suspension summons because he was not driving the vehicle at the time he approached him. So the officer gave him a fine for having an unregistered vehicle on a public roadway and impounded the motorcycle & did not arrest him. Now, 5 years later, it is brought to my friend's attention that the officer filed the driving after suspension must appear summons with the local district court 2 days after the incident and my friend was never given the summons and never notified of the court date and is now obviously in default.
My question: Was it legal for the officer to file a summons 2 days after the incident and not provide him with the summons & also mark it that it was served in hand? Shouldn't the officer have had to issue it at the time of the incident? Is it possible to have the charge dismissed due to this?
My question is about summons issuance procedures for police officers. A friend was riding a motorcycle on a back road that was unregistered and his license was under suspension. At the time the officer pulled up to him he was pushing the motorcycle. The officer had allegedly seen him prior to this & advised wanted to issue him a must appear summons for driving after suspension. Another officer at the scene told the officer that he could not issue him the driving after suspension summons because he was not driving the vehicle at the time he approached him. So the officer gave him a fine for having an unregistered vehicle on a public roadway and impounded the motorcycle & did not arrest him. Now, 5 years later, it is brought to my friend's attention that the officer filed the driving after suspension must appear summons with the local district court 2 days after the incident and my friend was never given the summons and never notified of the court date and is now obviously in default.
My question: Was it legal for the officer to file a summons 2 days after the incident and not provide him with the summons & also mark it that it was served in hand? Shouldn't the officer have had to issue it at the time of the incident? Is it possible to have the charge dismissed due to this?