Un-signed Citation

[lp83]

What is the name of your state? Texas

Hi all, my wife and I live in Round Rock Texas and we visited Dallas for the weekend since today was our 1 year anniversary. Well on our way back the Dallas police department decided to grace us, or me, with a speeding ticket for 13 mph over (doing 73 in a 60 mph zone.) The officer was really quick at giving me the citation, he did take and record my drivers licesne and insurance information. However this officer handed me back everything including the citation (four pieces of paper,) 2 pieces of the paper were the actual citation, and the other 2 were instructions in spanish and english of how to pay the citation. The officer then went back to his vehicle after he briefly explained the instructions on the forms of how to pay the ticket and then he went back to his vehicle like he was done with me. I then continued on my way back home and the officer never came back after me. The officer never got me to sign the citation, nor did he ask me to sign it. Am I still responsible for this ticket even though I did not sign it? When I used to live in Florida the officers were required to have the offender sign the ticket otherwise it would not hold up in court. I am not sure how Texas law is though. The box where the citation is supposed to be signed says "ATTENTION - READ THIS FORM AND SIGN BELOW. I PROMISE TO APPEAR AS DIRECTED OR PAY THE FINE WITHIN 21 DAYS. I UNDERSTAND THIS IS NOT A PLEA OF GUILTY AND THAT FINE AND FEE AMOUNTS ARE SUBJECT TO CHANGE WITHOUT NOTICE." Then I was supposed to sign right after this. Am I responsible for this ticket since I did not sign it and the officer did not get me to sign it?

Thanks for the help.
Christian

[BelizeBreeze]

Yes, you are still responsible for the ticket. Simply because you did not sign the ticket does not negate your responsibility. Signing ONLY means that you have promised to appear at the time and date appointed, NOT that you agree you were speeding.

I would suggest you contact the dallas police department and ask them to send you a copy of the citation so that you show up on time.

[CalifAtty-17]

Originally Posted by lp83

What is the name of your state? Texas

Hi all, my wife and I live in Round Rock Texas and we visited Dallas for the weekend since today was our 1 year anniversary.

My response:

That is where you took your wife for your anniversary? You're obviously a real romantic.

IAAL

[JETX]

Originally Posted by lp83

Am I responsible for this ticket since I did not sign it and the officer did not get me to sign it?

Clearly, the officer screwed up. His options were to ask you to sign the agreement.... and if you refused, to arrest you. And no, the fact that you didn't sign the PROMISE TO APPEAR has nothing to do with the validity of the citation.

[lp83]

Should I take the chance of taking this to court then? I am not trying to be a smart ass but the ticket does say by signing this that I promise to pay any fines or appear as directed within 21 days, but I never signed it. I already have 2 carbon copies of the citation as for the the other comment above.

Thanks again everyone
Christian

[BelizeBreeze]

Originally Posted by lp83

Should I take the chance of taking this to court then? I am not trying to be a smart ass but the ticket does say by signing this that I promise to pay any fines or appear as directed within 21 days, but I never signed it. I already have 2 carbon copies of the citation as for the the other comment above.

Thanks again everyone
Christian

There is a phone number on the ticket. Call it. DO NOT ignore it.

[lp83]

Originally Posted by BelizeBreeze

There is a phone number on the ticket. Call it. DO NOT ignore it.

Oh yes, I am going to call there at the clerk out the court for the city of Dallas and ask them but I dont want to give them my name. My father used to be a law enforcement officer for Florida and he has been advising for me what to do as well, but the laws differ from state to state I guess.

Thanks
Christian

[BelizeBreeze]

I would STRONLY suggest you either call and make an appointment to attend the court session or pay the fine. As you have been told, not signing the ticket will NOT make the case go away.

And they already have your name. Remember when the officer took your license?

You really want a warrant on your file when you go to renew your license in [insert state name here] ?

[JETX]

Originally Posted by lp83

Oh yes, I am going to call there at the clerk out the court for the city of Dallas and ask them but I dont want to give them my name.

By all means, go ahead and call them. And certainly, play your 'no name' game. They really appreciate those pranks.
And then, when your date in court shows up and you don't appear, be sure to tell the arresting officers who come get you on the FTA warrant that you didn't have to show up since the officer forgot to get your signature.
Yep, they will probably just double up in laughter and let you go.

[lp83]

Originally Posted by JETX

By all means, go ahead and call them. And certainly, play your 'no name' game. They really appreciate those pranks.
And then, when your date in court shows up and you don't appear, be sure to tell the arresting officers who come get you on the FTA warrant that you didn't have to show up since the officer forgot to get your signature.
Yep, they will probably just double up in laughter and let you go.

Why are you guys acting like this? I am not trying to play a prank, I did not yet set a date, I am just asking for advice here. If I do take it to court, I will definetley be there. All I want to know though is if I do take it to court, since the officer did not make me sign the citation, do I have a chance at possibly winning. I never said anything at all about not paying or not going to court. I am not a complete moron! :-)

Thanks Guys, I appreciate the help so far!
-Christian

[lp83]

Originally Posted by JETX

By all means, go ahead and call them. And certainly, play your 'no name' game. They really appreciate those pranks.

I am not trying to play a game, I just want to find out the truth from the court house if they will give me any legal advice stating that the officer should have made me sign it or not. Who knows, I may get lucky, the clerk of the court may tell me that the ticket is invalid, and then through it out without me even having to pay or go to court at all. I dont want to give my name so they wont send me out a ticket to sign, but if they say they will make it go away, then I will most definetley give out my name.

Thanks
-Christian

[JETX]

Originally Posted by lp83

Why are you guys acting like this? I am not trying to play a prank, I did not yet set a date, I am just asking for advice here.

No your not... you are trying to argue when you have already been given legally accurate advice SEVERAL times.

#1: "Yes, you are still responsible for the ticket. Simply because you did not sign the ticket does not negate your responsibility. Signing ONLY means that you have promised to appear at the time and date appointed, NOT that you agree you were speeding."

#2: "the fact that you didn't sign the PROMISE TO APPEAR has nothing to do with the validity of the citation."

#3: "As you have been told, not signing the ticket will NOT make the case go away."

There is no statutory obligation for you to sign the ticket. It is only your promise to appear on the date/time set. The lack of your signature does NOT invalidate the ticket.

since the officer did not make me sign the citation, do I have a chance at possibly winning.

As said several times already..... NO. There is NO connection between the two.

I am not a complete moron!

Your inability to understand clear English implies differently.

[lp83]

Originally Posted by CalifAtty-17

My response:

That is where you took your wife for your anniversary? You're obviously a real romantic.

IAAL

Yea seeing the fact that we have never been there before and my wife and I loved the city, we found many nice things to do!

Thanks!
-Christian

[lp83]

Originally Posted by JETX

Your inability to understand clear English implies differently.

Thank you sir, I will heed your advice, I appreciate the quick response and thank you for being quite rude to me and proving your point. I was not trying to argue, only trying to make sure that my story was understood. It is sometime quite hard to tell from ones expression when something is written out rather then in person. Apparently though, you might have missed the one big part about signing the citation, forget the court part, I could care less about that. The citation states by signing it I agree to pay any fines within 21 days. Well since the cop did not have me sign it, I don’t think I should have to be liable to pay that fine since you said yourself the cop screwed up. Now I am arguing, actually I am think I am debating. I am not trying to be rude in no way shape or form, but I would like some other people’s opinions as well too. Thank you for your recommendation again and I will heed you advice very much so.

Thanks
-Christian

[sukharev]

Originally Posted by lp83

Thank you sir, I will heed your advice, I appreciate the quick response and thank you for being quite rude to me and proving your point. I was not trying to argue, only trying to make sure that my story was understood. It is sometime quite hard to tell from ones expression when something is written out rather then in person. Apparently though, you might have missed the one big part about signing the citation, forget the court part, I could care less about that. The citation states by signing it I agree to pay any fines within 21 days. Well since the cop did not have me sign it, I don’t think I should have to be liable to pay that fine since you said yourself the cop screwed up. Now I am arguing, actually I am think I am debating. I am not trying to be rude in no way shape or form, but I would like some other people’s opinions as well too. Thank you for your recommendation again and I will heed you advice very much so.

Thanks
-Christian

Debating with these guys is like debating with the farting elefant on rudeness of farting in public. They will just stomp you, and continue farting as usual.

My advice: ignore the rude replies, focus on what's important - taking care of the ticket. There is only one way to do so - appear in court and argue your case based on evidence and/or detremental ticket errors. Or, just negotiate with DA before trial to knock down the charge/points.