Q: Cop told me he wasn't going to give me a ticket. He didn't hand me any papers. 2 weeks later I got a ticket in the mail.
Cop pulled me over for going 60 in a 45. After running my license, he came back and told me he wasn't going to give me a ticket, just a citation. He didn't give me any papers or anything to sign. 2 weeks later I get a ticket in the mail for a speeding ticket from that night. Should I try to fight this in court or should I just pay the ticket and let my insurance go up?
A: It depends. First, a speeding violation is issued in a document called an infraction, commonly called a ticket, that only can require a driver to pay a fine and there is no possibility of jail time or other personal penalties. Citations are normally criminal citations, also called criminal traffic citations, and are issued for criminal traffic violations such as for DUI, Reckless Driving, etc. The officer is not required to issue or give the driver anything in writing at the time of the traffic stop. Also, drivers are no longer required to sign any document when either an infraction or criminal citation is issued to them at the time of the traffic stop. As to what you should now do with the infraction, your best course of action is to consult with an experienced traffic lawyer to see what your best course of action will be in handling this infraction. Just paying the infraction or ticket may not be the best course of action for you as it could raise your auto insurance rates and possibly affect your driving record. Good luck!
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.