Officer failed to give copy of speeding ticket

[rebols823]

On the 101 in California, I was recently stopped for speeding in a 65 zone.

After handing the officer (who appeared young -- under 30 -- and perhaps inexperienced) all my paperwork (insurance, registration, license), he returned minutes later with a stack the paperwork and a speech prepared on the dangers of speeding.

I accepted his scolding, put the paperwork in my glove compartment and continued home. Only when I arrived at home did I realize that the officer failed to give me a copy of the citation!!

Is this grounds for dismissal of the ticket? I plan to fight it and am curious what the law says about an officer failing to give a person a copy of the citation.

Your advice is much appreciated.

Many thanks,
Rebecca

 

[Zigner]

On the 101 in California, I was recently stopped for speeding in a 65 zone.

After handing the officer (who appeared young -- under 30 -- and perhaps inexperienced) all my paperwork (insurance, registration, license), he returned minutes later with a stack the paperwork and a speech prepared on the dangers of speeding.

I accepted his scolding, put the paperwork in my glove compartment and continued home. Only when I arrived at home did I realize that the officer failed to give me a copy of the citation!!

Is this grounds for dismissal of the ticket? I plan to fight it and am curious what the law says about an officer failing to give a person a copy of the citation.

Your advice is much appreciated.

Many thanks,
Rebecca

You should get a copy in the mail....

 

[CdwJava]

You SHOULD get a copy in the mail, but you might not. If the address on your license or registration is different than your current address, I would contact the court in two to three weeks and inquire about the citation. You can probably get a copy of it there.

I am sure you would hate to get arrested on a warrant for failing to appear in court!

No, it is not grounds to dismiss the violation. If you get arrested or are charged with failing to appear, you can always challenge the arrest and charge on the basis that you claim to have not received the citation ... but even that is going to be a pain.

The best bet is to contact the court or the agency (if you remember the officer's name) and ask for a copy of the citation.

- Carl

 

[rebols823]

Thanks for the advice. Hopefully I will receive a copy in the mail shortly. I do not know the court nor the officer's name without the ticket (as I was not near my home) so it would be difficult for me to track down.

I was honestly hoping that the officer's negligence could have some advantage for me...

 

[CdwJava]

It was probably the CHP. Do you recall where on Hwy. 101 you were when you were cited? That might help identify the court.

- Carl