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Officer didn't sign ticket

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Tecie

Junior Member
What is the name of your state? Massachusetts

I got a speeding ticket, the officer didn't sign it. The explanation of the incident is long winded but basically I was following behind him and he pulled over to the shoulder stopped let me pass then pursued me. I was never going any faster than he was. In my first appeal the magistrate reduced the amount of the violation but did not throw out the ticket.

It is my understanding that if the officer never signed the ticket it is nulled. My question is does anyone know if this is actually true? And if so, is it worth appealling this ticket any further?
 


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BelizeBreeze

Senior Member
Tecie said:
What is the name of your state? Massachusetts

I got a speeding ticket, the officer didn't sign it. The explanation of the incident is long winded but basically I was following behind him and he pulled over to the shoulder stopped let me pass then pursued me. I was never going any faster than he was. In my first appeal the magistrate reduced the amount of the violation but did not throw out the ticket.

It is my understanding that if the officer never signed the ticket it is nulled. My question is does anyone know if this is actually true? And if so, is it worth appealling this ticket any further?
Click to expand...
JUDGE: Are we ready to proceed?

DA: Yes, your honor.

YOU: Yes, your honor. At this time I'd like to make a motion to dismiss.

JUDGE: (peering over his glasses) On what grounds?

YOU: (holding the ticket in the air) The officer never signed the ticket thereby voiding same.

JUDGE: (motioning) bring it here.

(you walk ot the bench, handing the judge your ticket. He studies it then looks out over the gallery)

JUDGE: Is the officer who issued this ticket in the courtroom?

(a gentleman stands up in the back).
OFFICER: I'm here your honor.

JUDGE: approach please.
(The officer walk to the bench.)
JUDGE: Was this ticket issued by you on the date noted?

OFFICER: (taking ticket from judge and comparing it to his notebook) Yes, your honor.

(The judge hands the officer a pen, officer proceeds to sign the ticket and hands it back to the judge who hands it back to you.)
JUDGE: Please return to your places.

(YOU and the officer leave the bench and return)
JUDGE: Now, I ask again, are we ready to proceed?

DA: Yes, your honor.

YOU: (dejectedly) Yes, your honor.

JUDGE: Good, now (to you) how do you plea?

YOU: Guilty.

JUDGE: THen Guilty it is. Please pay the clerk [insert amount here] on your way out.
 
S

sukharev

Member
Your impression is wrong. If you still have a chance, pay $20 bucks and go to real hearing, officer may not show up. However, try to prepare a good defense (not the one you asked about). Read the law, likely it is the one below or 90-18, next one over. Read my previous posts on that law (key to using it is illegal speed limit and distance officer observed you at), as well as try to have a backup defense based on evidence (sounds like pace car defense, look that up on Tipmra website).

http://www.mass.gov/legis/laws/mgl/90-17.htm
 
A

aurelius2

Junior Member
How it should play out.... if someone in the court does their duty

BelizeBreeze said:
Here is how BelizeBreeze's scenario should play out if we didn't have a miserable justice system.

JUDGE: Are we ready to proceed?

DA: Yes, your honor.

YOU: Yes, your honor. At this time I'd like to make a motion to dismiss.

JUDGE: (peering over his glasses) On what grounds?

YOU: (holding the ticket in the air) The officer never signed the ticket thereby voiding same.

JUDGE: (checking the copy filed with the court, quickly tries to pull a fast one) Ok, let the officer examine the ticket.

YOU: (handing it over) Okay.

OFFICER: (takes ticket and signs with pen given him by judge, and then hands it to the judge)

JUDGE: (over your objections) There, it is signed, and therefore not void.

YOU: (in an indignant tone) You criminal! That document was already filed with the court, and you encouraged the officer to tamper with it! Bailiff, arrest this man behind the badge, and the man in the robe, both for felony tampering and both for impersonating public officials while committing a crime! And be sure to get down the names of all the witnesses here in this courtroom!

BAILIFF: (takes criminal complaint and makes 2 arrests as instructed)
Click to expand...
 
FlyingRon

FlyingRon

Senior Member
aurelius2 said:
BelizeBreeze said:
YOU: (in an indignant tone) You criminal! That document was already filed with the court, and you encouraged the officer to tamper with it! Bailiff, arrest this man behind the badge, and the man in the robe, both for felony tampering and both for impersonating public officials while committing a crime! And be sure to get down the names of all the witnesses here in this courtroom!
Click to expand...
More likely:

JUDGE: This is a court of law and you will govern yourself accordingly. Any more outbursts like that and I'll hold you in contempt.
Click to expand...
 
Y

You Are Guilty

Senior Member
If this guy's ticket is still outstanding after five years, he has bigger issues than what a hypothetical judge would do do a hypothetical idiot defendant.
 
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