illegal camping ticket...infraction

[BigMouthWino]

Ignoring a legal matter is never, EVER a good idea.

It is not a "legal matter." No service has been perfected on anybody. It's like a lawsuit that has never been served or a warrant where no defendant has been processed. Who or what is failing to appear? The vehicle? Book that Buick Dan-o!

 

[Zigner]

It is not a "legal matter." No service has been perfected on anybody. It's like a lawsuit that has never been served or a warrant where no defendant has been processed. Who or what is failing to appear? The vehicle? Book that Buick Dan-o!

That is an asinine statement. It IS a legal matter. Don't be obtuse on this one - it could actually cause harm.

 

[justalayman]

That is an asinine statement. It IS a legal matter. Don't be obtuse on this one - it could actually cause harm.

Hey, what's wrong with advising a person to ignore a citation that was not properly served? I mean, what could happen., It's not like there will be an arrest warrant for failure to appear or anything, right?



Oh, there could be?



nevermind.

 

[dave33]

It is not a "legal matter." No service has been perfected on anybody. It's like a lawsuit that has never been served or a warrant where no defendant has been processed. Who or what is failing to appear? The vehicle? Book that Buick Dan-o!

What do you mean "who or what is failing to appear"? The o.p. has received a ticket, I think it reasonable to assume that the ticket is in the o.p.'s name if he received the ticket. That would mean the o.p. is failing to appear. Now, the only question is what type of infraction does the law consider illegal camping to be, something like a parking ticket or a misdemeanor. If it is a parking type of offense than it will eventually pose a problem for his license or registration or both. If a misdemeanor than a failure to appear will result in a warrant. It does not matter if the o.p. was served or informed or whatever, the ticket has been issued and as much as we would all like tickets to go away if ignored, it just does not work that way (unfortunately).

 

[BigMouthWino]

What do you mean "who or what is failing to appear"? The o.p. has received a ticket, I think it reasonable to assume that the ticket is in the o.p.'s name if he received the ticket. That would mean the o.p. is failing to appear. Now, the only question is what type of infraction does the law consider illegal camping to be, something like a parking ticket or a misdemeanor. If it is a parking type of offense than it will eventually pose a problem for his license or registration or both. If a misdemeanor than a failure to appear will result in a warrant. It does not matter if the o.p. was served or informed or whatever, the ticket has been issued and as much as we would all like tickets to go away if ignored, it just does not work that way (unfortunately).

It is not reasonable to assume anything. The car could be registered to the OP's employer, a corporation or to his dog for all we know. The OP specifically stated that the ticket was issued to the vehicle. As far as I know this is a parking ticket. A vehicle cannot "illegally camp" it can "illegally park."

If this is a valid citation notice will come in the mail and the OP can contest that they were ever at said location in addition to a myriad other defenses to this bogus "ticket."

No promise to appear was ever made and OP is under no obligation to assist in the service of the government's complaint.

 

[justalayman]

dave33;3104355]What do you mean "who or what is failing to appear"? The o.p. has received a ticket, I think it reasonable to assume that the ticket is in the o.p.'s name if he received the ticket. That would mean the o.p. is failing to appear.

wino's point is that there is no proof the owner, or anybody else for that matter, received the citation. Because of that, there was no promise to appear given in lieu of an arrest or posting bond. As such, there is nothing to demand the violator appear in court.

Now, the only question is what type of infraction does the law consider illegal camping to be, something like a parking ticket or a misdemeanor. If it is a parking type of offense than it will eventually pose a problem for his license or registration or both. If a misdemeanor than a failure to appear will result in a warrant. It does not matter if the o.p. was served or informed or whatever, the ticket has been issued and as much as we would all like tickets to go away if ignored, it just does not work that way (unfortunately).

Hey, if you're wino, you apparently just ignore all of that messy stuff. What is the phrase; ignorance is bliss?

I'm betting wino is a really blissful guy.

 

[BigMouthWino]

I'm betting wino is a really blissful guy.

INDEED!

I think I'm going to have to rename myself Pyrat-Rum-O because this has me particularly blissful tonight.

 

[dave33]

wino's point is that there is no proof the owner, or anybody else for that matter, received the citation. Because of that, there was no promise to appear given in lieu of an arrest or posting bond. As such, there is nothing to demand the violator appear in court.



eanors

I understand but by that logic nobody would ever be responsible for a ticket. Warrants are issued without someone's promise to appear. Misdemeanor warrants are often issued by the d.a. after a complaint is made without a promise to appear. I guess we will just have to agree to disagree.

 

[BigMouthWino]

I understand but by that logic nobody would ever be responsible for a ticket. Warrants are issued without someone's promise to appear. Misdemeanor warrants are often issued by the d.a. after a complaint is made without a promise to appear. I guess we will just have to agree to disagree.

True, misdemeanor warrants are issued by the DA, but oftentimes when the police serve them they simply have the person they are serving sign a promise to appear. Other times they bring out the handcuffs and get a signed promise to appear after booking OR they take the person before a judge who ORDERS them to appear. This is a ticket issued to a CAR. It doesn't appear to be a parking ticket and it is very difficult for a car to camp out.

 

[CdwJava]

The OP cannot be convicted of failing to appear, though if he fails to show at the place, date and time indicated, a judge just might issue a warrant for his arrest for the FTA anyway. Hence the reason he needs to show. If he ignores it he may suffer the inconvenience of an arrest even if he cannot later be convicted of the FTA or even the original underlying offense. Ignoring the citation is a risk, then.

Plus, we still have no idea what manner of citation this is. Is it a federal or state violation? Is it a misdemeanor or an infraction (though I understand the feds do not have infractions). Is it a civil demand of some kind from the campground (some are privately operated and there may be a civil process). Until he advises the code section we are simply guessing as to what the nature of the issue really is.

 

[BigMouthWino]

The OP cannot be convicted of failing to appear, though if he fails to show at the place, date and time indicated, a judge just might issue a warrant for his arrest for the FTA anyway. Hence the reason he needs to show. If he ignores it he may suffer the inconvenience of an arrest even if he cannot later be convicted of the FTA or even the original underlying offense. Ignoring the citation is a risk, then.

Plus, we still have no idea what manner of citation this is. Is it a federal or state violation? Is it a misdemeanor or an infraction (though I understand the feds do not have infractions). Is it a civil demand of some kind from the campground (some are privately operated and there may be a civil process). Until he advises the code section we are simply guessing as to what the nature of the issue really is.

Fortunately, judges are quite a bit smarter than a police officer, having graduated not only college but law school as well and it would be highly unlikely they would issue a FTA warrant to a VEHICLE that had been cited for illegal camping.

I wonder what kind of handcuffs the cop arresting the car will use and what type of cell they'll put the car in. This is truly keystone cops material.

 

[CdwJava]

Fortunately, judges are quite a bit smarter than a police officer, having graduated not only college but law school as well and it would be highly unlikely they would issue a FTA warrant to a VEHICLE that had been cited for illegal camping.

Crude, ignorant digs aside ... The citation almost certainly has a NAME on it (likely obtained by running the registered owner). If no one shows in court, the judge will see the citation, see the name, see the OP failed to appear, and he will act on that.

If the citation truly had no name on it, then of course this would be done before it began. Maybe. But, that's why we need to know the code section and who issued it. Though I suspect the officer would not waste his time laying a blank citation on the car. Dollars to donuts, the name of the registered owner is on the cite.

 

[BigMouthWino]

Crude, ignorant digs aside ... The citation almost certainly has a NAME on it (likely obtained by running the registered owner). If no one shows in court, the judge will see the citation, see the name, see the OP failed to appear, and he will act on that.

So do parking tickets, when is the last time you saw a FTA warrant issued for one of those when there was no signed promise to appear?

If the citation truly had no name on it, then of course this would be done before it began. Maybe. But, that's why we need to know the code section and who issued it. Though I suspect the officer would not waste his time laying a blank citation on the car. Dollars to donuts, the name of the registered owner is on the cite.

We also do not know if the OP is the registered owner. If he or the registered owner receives something in the mail regarding the citation follow up would be appropriate. OP admitting they received the ticket under their wiper blade at their illegal campsite is tantamount to admitting the crime.

 

[CdwJava]

I have seen errors happen, yes. All the more reason to appear. if his name is ON the citation and he fails to appear there is a chance that a warrant will issue. Or, do you contend that the system is perfect and always works as intended?

It is the OP's gamble should he wish it. For me, I wouldn't want to risk arrest for what (he claims) is an infraction.

But, I would still like to know the specific code section because at this point we do not know if it is a private notice (from a campground), a camping cite issued by a state or a federal officer. The specific code section might tell us specifically what jeopardy the OP might be in. But, since the OP has never bothered to return to this thread, it seems this all a lot of blather about nothing at this point.

 

[davew128]

Fortunately, judges are quite a bit smarter than a police officer

Judges are by nature attorneys. Our sitting Vice President is an attorney. Please reconsider your comment.