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Police officer has to issue ticket when the traffic violation happened or he can come to your house? later?
Anonymous2 views3 answers
WA state...Seattle city...I saw some one driving in wrong way in one way street...and police officer saw him but officer did not stop and issue a ticket......now can he issue a ticket through mail to that driver..I am positive police officer noticed his license plate..or can he go in person to that driver's house to issue ticket/citation?
what is the law...he has to give ticket right at the time of violation or he can issue ticket at home or through mail? if he can issue ticket after violation occurred what is the time limit he can issue such ticket?
There are two ways two start an infraction case: the officer issues it to the person or the infraction gets filed with the court and the court sends the notice or a summons.
The rules require a notice of infraction be filed with the court within 5 days. However, they're silent as to how long the court has to send notice or a summons. The summons method, in my experience is pretty unusual.
Good luck!
I have had clients before that were pulled over by police at the time of the infraction but then not issued a ticket. Instead, the ticket was later mailed. I have no idea why an officer would do this, but the above answer is correct. As long as the infraction is filed with the court within 5 days and the defendant is provided a hearing within 120 days, the infraction can be given to the defendant whenever.
James Edmund Oliver JRCriminal Defense AttorneyTacoma, WA ·
I concur with the above answers. I would add, though, that the owner of the vehicle has a pretty good defense even if given a ticket. The officer needs to identify the driver, not the car owner.
In short, the cop can send a ticket later, but the defendant has a fantastic shot at beating it in court...even in Lakewood with Judge Heller.
Most traffic defense attorneys will speak with you for free.