Minneapolis, MN asked in Traffic Tickets for Minnesota

Q: can you be arrest for not sign a ticket in Minnesota and why?

Related Topics:
2 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Traffic Tickets Lawyer
  • Rogers, MN
  • Licensed in Minnesota

A: This question is awfully vague and consequently cannot be answered intelligently. Can you provide more information?

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: Generally, no. A traffic ticket is sometimes called a uniform citation, but is a type of Summons to respond to a court action. Though misdemeanors can be tab charged by police and initiated with a "ticket" or citation Summons, most often people are charged with petty misdemeanors this way. Like any Summons, the initiating party (in this case the jurisdiction the police officer works for) must be able to show the court that it "served" the Summons. The defendant's signature shows that the Summons was served on the defendant. But the signature is not necessary. Most service of process is proved by word of the person making service. If the defendant wanted to, he or she could challenge whether proper service was actually made. However, in a petty misdemeanor or misdemeanor case, I have never seen anyone do that. So, in these cases it might be a theoretical issue, but it's not a real world issue. And that is why police officers do not normally arrest people who refuse to sign a citation. (Because it makes little difference whether they do, or refuse.) Some people fear that signing the citation is an admission of guilt. It is not. It is merely an acknowledgement that they received a copy. of it.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.