Officer has not submit citation?

[AltGT]

Traffic citation occured in long beach, California. I was stopped for VC22450(a) stop sign violation. Officer said I didn't come to a complete stop. I think I did but that's for the judge to decide. Anyway this occured almost two months ago and my date for appearing is set for 11/03.

So far nothing on LA superiors online tracking system, nor via phone line. If the officer does not submit the citation in proper time what are my options on maybe throwing this out or making sure I am covered? Right a fair and speedy trial?

Anyone ever delt with this? What can I do?

 

[I_Got_Banned]

Traffic citation occured in long beach, California. I was stopped for VC22450(a) stop sign violation. Officer said I didn't come to a complete stop. I think I did but that's for the judge to decide.

A violation of 22450(a) is not only based upon whether you stopped or not, but where you stopped as well.

CVC 22450. (a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection. If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway.​

So my guess, is that the officer cited you (in spite the fact that you stopped) for not stopping at or before the limit line. If he can testify to that effect, and my guess is that he will, then you suggesting that you plain old "stopped" will not get you anywhere as far as a dismissal.

Anyway this occured almost two months ago and my date for appearing is set for 11/03.

Here's a thread for you to read... https://forum.freeadvice.com/speeding-other-moving-violations-13/officer-wrote-my-name-incorrectly-ticket-dismissal-480220.html

Interestingly enough, that thread is for a violation of 22450(a) as well. But you should read through it because it also relates to that OP's citation not being filed as of yet.

If the officer does not submit the citation in proper time what are my options on maybe throwing this out or making sure I am covered?

If the citation is not filed by the date shown on your citation, you should still appear in court on that date and request that the clerk give you some sort of proof showing that you did appear. Keep checking after that to see when it will be filed. Your other option would be to either call or go to the law enforcement agency that issued the citation and have them check on its status.

Right a fair and speedy trial?

The clock for a “speedy trial” begins to tick when you enter a plea. From that date, and assuming you enter a plea of “not guilty” then the court must schedule your trial date within a 45 day period, otherwise the citation must be dismissed.

 

[AltGT]

So I take it based on the thread you linked to that I have to keep an eye on it for a year? When I go in on the report date can I get some kind "I was here" in writing from the traffic division?

How does it work, I just don’t want them entering it in a day before a year then saying I'm almost a year late. Has anyone dealt with this first hand that can tell me?

 

[I_Got_Banned]

So I take it based on the thread you linked to that I have to keep an eye on it for a year?

Basically, yes. Keep an eye on it until it shows up, or for a year, whichever happens first.

When I go in on the report date can I get some kind "I was here" in writing from the traffic division?

Yes you can... and should.

How does it work, I just don’t want them entering it in a day before a year then saying I'm almost a year late.

Well, if you appear on the date on the citation, and if you get some sort of proof that you appeared, and unless you receive a new notice from the court notifying you of a new appearance date, then they cannot say that you were late. Hopefully, the address on the citation is the same as your current address.

The sort of odd thing about your ticket (based on what you've posted) is that you received your ticket 2 months ago and you still have just under a month before your appearance date. That is almost 90 days... I have seen 30 day appearances, 60 day appearances... but I've never heard of an officer giving 90 days... You might want to either go to court to talk to the clerk, or contact the law enforcement agency that issued the citation to iquire about its status.

 

[Jim_bo]

So, I don't want to start another argument about the legal requirement for the cop filing the complaint... but, after the OP appears on the date required on the promise to appear, I don't see where he has the obligation to continue "keeping an eye on it". I would think the obligation would turn to the state to inform you of any future obligation. If I am wrong, maybe someone can explain why I am wrong.

 

[demurringdude]

You might want to either go to court to talk to the clerk, or contact the law enforcement agency that issued the citation to iquire about its status.

If the police have mislaid the ticket, why would anyone want to phone them and point that out?

Let it stay lost - that can only help you. Don't start them looking for it.

 

[I_Got_Banned]

If the police have mislaid the ticket, why would anyone want to phone them and point that out?

If you had any clue about the fact that citations are written on a triplicate form (sometimes a quad) or any idea about the process involved in filing the citation in court as welll as maintaining a record of it at the law enforcement agency (one citation book at a time), you would not be asking that question.

 

[apextek]

court date place and time is "TBD" no word from the court

a group of us received a series of tickets in the Angeles National Forest from a ranger. The court date on the tickets says TBD. box A is checked on all, stating you must appear in court.

the court Date, time, and address is listed on all tickets as "TBD".

On the back of the tickets is says ifyou have not recieved a "notice to appear" in 45 days call the central violations bureau.

It has been the 46th day and still no answer from the court.

Any idea what we should do?

 

[I_Got_Banned]

Any idea what we should do?

First thing you should do is start your own thread!