Is a summons considered legal if the officer hasn’t ‘signed it acknowledging that he or she is duly authorized?

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Is a summons considered legal if the officer hasn’t ‘signed it acknowledging that he or she is duly authorized?

I received a citation for speeding but the citation is not duly signed by the officer. Is it legally admissible?

Asked on August 22, 2018 under General Practice, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, it is legal. A summons is not invalidated for a harmless error, and this error would be regarded as harmless. It is also not invalidated for an easily cured or corrected deficiency, and this could be fixed by simply letting the officer "amend" the citation to include that signature. Indeed, even if this citation were struck down for a procedural irregularity or deficiency, it would be dismissed "without prejudice," which means they could simply issue you a new summons for the same infraction.


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