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Is a traffic citation valid if not signed by officer or myself? It was for "failure to obey red light on right turn."
Anonymous2 views3 answers
I reside in Kissimmee, FL (Osceola County). The citation was given in Tampa, FL (Hillsborough County). I'm not familiar with the Tampa area. I was returning home from Clearwater, FL where I was judging a kid's pageant to earn $40 b/c I'm currently unemployed. My friend was going there anyway, so I drove, she paid gas. I did not run a red light! I feel I was targeted for having out-of-town plates. The officer figured I wouldn't come back to fight the ticket. He asked me if I still lived in Kissimmee when he looked at my DL. I answered yes. My friend, riding with me, will attest that I did not run through a red light. Later, at home, my sister noticed the ticket is not signed, either by the officer or myself. She says it's not valid. Is that true? If so, what should I do?
The officer can sign the ticket before he turns it in. If you challenge it, he can show up in court and attest to it. Your signature is not necessary. All your signature signifies is that you received a copy of the ticket. If the officer never signs it, the ticket is invalid.
This is a situation where a sympathetic judge could grant your motion to dismiss the citation at your first appearance in court or, more likely, the judge would schedule the matter for a hearing and the court would require the police officer to appear and give sworn testimony in person. The Florida rules of traffic court procedure allow for the police officer to file a traffic citation in open court as well as amend errors on the citation at any time prior to the taking of testimony at the final hearing.