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PA officer didn't ask me to sign the ticket

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presario5

Junior Member
What is the name of your state?What is the name of your state?PA

Two nights ago, I was stopped by a local officer using VASCAR for exceeding a 40mph. He gave me a ticket, which he signed, but he never asked me to sign in the defendant's block. I never refused to sign the ticket -- in fact I never got to say anything. The officer had already written "Gave Copy" in my signature block, and then left the scene. Is this a valid ticket? Do I have to respond, as the ticket instructs, with the Guilty/not-guilty selections printed on back? Obviously, if I respond, I acknowledge that I received the ticket.
The officer said he was giving me a warning, but the citation doesn't read that way. Can PA townships issue another summons against me for failing to respond, if there's no proof that I actually received the ticket? (What prevents the police officer from writing tickets after the fact, if the Defendant's signature isn't obtained or an arrest isn't made on the spot?)
 


lwpat

Senior Member
It is not required that you sign the ticket. You might call the clerk of court to get a confirmation on wherther you received a citation or a warning. Warnings are usually clearly marked as such.
 
S

seniorjudge

Guest
lwpat said:
It is not required that you sign the ticket. You might call the clerk of court to get a confirmation on wherther you received a citation or a warning. Warnings are usually clearly marked as such.
Excellent advice.

Let me add you better make sure you get something in writing, one way or the other.

You don't want a warrant issued for your arrest for failure to appear in court.
 
presario5 said:
What is the name of your state?What is the name of your state?PA

The officer said he was giving me a warning, but the citation doesn't read that way. Can PA townships issue another summons against me for failing to respond, if there's no proof that I actually received the ticket? (What prevents the police officer from writing tickets after the fact, if the Defendant's signature isn't obtained or an arrest isn't made on the spot?)
seniorjudge told you right. You didn't say whether or not another person witnessed the described proceedings....and heard the "giving me a warning" part. The officer can quickly forget what he told you (what were his intentions at the time), and it is always nice to have a couple (or more) people who can refresh his memory. In any case, it also helps (may even be essential) that you have written record as to the fact you bent over backward to do responsible stuff. I would send a registered letter, as soon as possible, telling the court your understanding of the course of events that transpired, and how the officer characterized the stop as a "warning". That way, it is more difficult for the man to turn ambiguity into something new and different from your understanding....and records you as a responsible type of citizen. When and if a "failed to respond" issue gets introduced into the mix, it really does become a mess. Sounds like you need closure, and knowing you did all you can do tends to settle the mind.

In the laws of some states (I have only read a few), the officer's duties (lawful proceedure) are described, including a phrase that they obtain your signature on the citation, even a warning, and then release you. Possibly PA permits the no-signature thing, only with regard to warning tickets....in which case, turning a no-signature into something other than a warning becomes too sticky, legally, for the Man to go to the trouble.
 
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presario5

Junior Member
Thanks for the replies.

"You didn't say whether or not another person witnessed the described proceedings....and heard the "giving me a warning" part. The officer can quickly forget what he told you (what were his intentions at the time), and it is always nice to have a couple (or more) people who can refresh his memory."

My wife was with me in the car, and heard the officer.


After studying it, the citation/summons is definitely a ticket (fine) and not a warning. Should I check (perhaps anonymously) with the Court Clerk to find out what it means that the officer "Gave copy" and didn't have me sign the ticket?

Aside from the signing, but what I haven't mentioned before is that I wasn't exceeding the speed limit, (as my wife can attest). It was night, and unlit, and the officer sped up behind me without his lights on (cop lights, I mean). He was tailgating me -- literally 3 feet or so behind me. I accelerated and began easing to the right of the two-lane road to allow this "tailgater" to pass me. It was then he hit his cop lights and I pulled over. It was my bad luck to be right in the VASCAR-striped area when this happened. If I have to plead on the ticket, it's "not guilty", but I doubt the judge would help me out just because the police officer pushed me to accelerate over the 40mph limit.
 
S

seniorjudge

Guest
"...I accelerated and began easing to the right of the two-lane road to allow this "tailgater" to pass me...If I have to plead on the ticket, it's "not guilty", but I doubt the judge would help me out just because the police officer pushed me to accelerate over the 40mph limit...."
This is a variation on story #5 in the link below: The cop made me do it!
https://forum.freeadvice.com/showthread.php?t=221591&

Take it from me, this is not a defense and will not work, especially since the defense starts with, "I accelerated...."
 

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