Said he might have turned it in accidently.
My guess is if he wrote it on purpose, he turned it in on purpose...
In ga you have to sign the citation when the cop gives it to you (my experience). The mississippi ticket does not even have a place for the recipient to sign.
The driver's signature on a citation is not a requirement to making it valid. The signature in most cases is an acknowledgment -by you- and a promise that you will appear in court on the date noted on the citation.
Moreover, and even in states where there is a place for a signature, an officer can still issue a citation and deliver/properly serve it upon the defendant somehow. The fact that you received it, is proof enough that you were duly notified! Although I'm not not sure what Mississippi's requirements as far as proof of service are or whether the officer will have to file one if/when mailing a citation.
You sound pretty disappointed that he said "blow & I won't cite you for speeding" only to turn around and cite you, but come on! You do know that if he wanted to make you blow in the breathalizer, he did not need your permission. Nor did he have to entice you or reward you if you did. Had you continued to refuse, he could have arrested you. And I'm sure your penalty would have been much more severe for refusing.
I guess they could just pull random names out of the phone book and write whoever a citation for whatever. Makes no sense
Like Maestro said, to pull names out of a phone book does not afford them the ability to know what that person's driver's license is, what kind/make/year car he was driving, or the location where he allegedly committed the offense.
Keep in mind, I am not arguing against you... I am only suggesting that you are clouding the issue more than you need to for yourself. Getting all emotional about what he told you versus what he did is not going to help you in court.
If you have reason to believe he had no cause to issue the citation, then fight it on that basis. That leaves one question and only one question... What type of notice is the officer obligated to give you that the citation was issued?
Here's Mississippi's related codes:
MISSISSIPPI CODE OF 1972
SEC. 63-9-21. Uniform Traffic Ticket Law.
(Here's what normally happens... he issues the citation, gives a copy...):
(6) The original traffic ticket, unless the traffic ticket is filed electronically as provided under subsection (8) of this section, shall be delivered by the officer issuing the traffic ticket to the clerk of the court to which it is returnable to be retained in that court's records and the number noted on the docket. The officer issuing the traffic ticket shall also give the accused a copy of the traffic ticket. The clerk of the court shall file a copy with the State Auditor within forty-five (45) days after judgment is rendered showing the amount of the fine and cost or, in cases in which no judgment has been rendered, within one hundred twenty (120) days after issuance of the ticket. Other copies that are prescribed by the State Auditor pursuant to this section shall be filed or retained as may be designated by the State Auditor. All copies shall be retained for at least two (2) years.
(7) Failure to comply with the provisions of this section shall constitute a misdemeanor and, upon conviction, shall be punishable by a fine of not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00).
(Here's what happens if he issues it later (or as the description here suggests, files it electronically)):
(8) (a) Law enforcement officers and agencies may file traffic tickets by computer or electronic means if the ticket conforms in all substantive respects, including layout and content, as provided under subsection (2) of this section. The provisions of subsection (4) of this section requiring tickets bound in book form do not apply to a ticket that is produced by computer or electronic means. Information concerning tickets produced by computer or electronic means shall be available for public inspection in substantially the same manner as provided for the uniform tickets described in subsection (2) of this section.
(b) The defendant shall be provided with a paper copy of the ticket. A law enforcement officer who files a ticket electronically shall be considered to have certified the ticket and has the same rights, responsibilities and liabilities as with all other tickets issued pursuant to this section.
Now, whether the officer did in fact "provide you with a paper copy of the ticket" as required by the first line in section (8)(b), or whether that "letter" that you received is considered sufficient to satisfy that code section, I couldn't tell you...
