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Cop forgot to sign summons

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MamaLuna

Member
What is the name of your state (only U.S. law)? Colorado

I am a bartender in a small town. I recently was issued a summons for over serving a man that was not visually impaired. I served him a shot and a beer. He had finished drinking his drink and was waiting for a friend and was not causing trouble when the officer came in. Apparently they went outside, the cop asked him some questions and the guy took off running and he had to tackle him. (the cop denied this when I asked him about it). The officer asked him to blow the portable breathalyzer and he blew a .14.

Anyway, the officer failed to sign the summons and is now calling me, coming by my work and wants to come by my home tomorrow evening so he can sign the summons and file it. Do I have to oblige him? Seems like his mistake and I'll seem him in court in a couple weeks. Just wondering what my rights are in fixing HIS mistake! Thank you!
 


justalayman

Senior Member
he can sign his copy and turn it in. It doesn't change the fact you were cited just because he didn't sign your copy. You were given notice of the citation and his signature on his copy is the attestation to that. If you refuse to act on the citation with the argument he didn't sign it, you will be proving he gave you the citation. If you deny you were given the citation, the cops testifying the opposite would likely be more believable than your claim he didn't give it to you and then you can be charged for perjury if you are under oath.
 

MamaLuna

Member
I fully intend on appearing in court and figured he could sign his copy and file it but he has called me several times and came by work today to tell me he is coming by the house tomorrow night. He said he needs to sign it in order to file it. If he can just sign his copy then why the harrassment?
 

justalayman

Senior Member
I suspect he fears the reprimand he will likely get from his superior officer for not filling out the citation fully.
 

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