Can I get out of a traffic ticket if the officer forgets to have me sign the ticket?

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Can I get out of a traffic ticket if the officer forgets to have me sign the ticket?

One ticket is for a seat belt violation and the other is a criminal citation for unlawful use of license/possession of revoked license. I was not driving but gave my revoked license as ID and got a uniform traffic violations for each. The officer forgot to have me sign the tickets and even went to a relatives house to say that I need to go in and sign the tickets; I did not sign; I did not refuse either. Can I get tickets dismissed possibly?

Asked on November 10, 2011 under Criminal Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. Unfortunately for you just because the citing officer concerning your traffic ticket forgot to have you sign the ticket you will not automatically have the ticket against you dismissed.

However, the citing officer did not follow standard protocol. I would show up at the traffic hearing and see if the officer shows. The prosecution bears the burden of proving the claim against you. If the citing officer forgot to have you sign the ticket, how credible of a witness do you think he will be as to his anticipated testimony? Good luck.


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