CHP officer mails citation

[quiet1]

I was stopped by a CHP officer this week on I-5 for excessive speed. The sequence of events is as follows:

Officer requests that I exit the fwy and pull into a gas station.
First question the officer asks me is "do you want to go to jail?", I say no.
The officer tells me the only reason I'm not going to jail is because he needs to be in San Diego in 15 minutes.
I provided the officer with my licence, registration and proof of insurance.
Officer asks me how much I had to drink tonight, I tell him I haven't drank for 11 years.
After sitting in his car for a few minutes, the officer returns to my window and says that he does not have his citation book, he states that he will be sending me a citation in the mail. He states that the charge will be reckless driving and that the judge will suspend my licence for a month.
At this point he askes me to exit my vehicle and performs what I percieve to be an abreviated field soberiety test. The officer returned my documentation to me and I drove home.

A citation arrived via standard mail today with a charge of 100+ in 65. In addition there was a canary colored proof of service form enclosed. Near as I can tell after reviewing the california vehicle code sections that pertain to the issuance of citations a citation should have been issued at the time of the arrest. Don't you have to sign a promise to appear in order to be released?

 

[lwpat]

Don't you have to sign a promise to appear in order to be released?

No.

Near as I can tell after reviewing the california vehicle code sections that pertain to the issuance of citations a citation should have been issued at the time of the arrest.

I am not that up on whatever section you are talking about. Post a reference and I will review it. In most states a citation can be mailed.

 

[quiet1]

Calfironia Vehicle Code - Citations

http://www.dmv.ca.gov/pubs/vctop/d17/vc40500.htm - notice to appear

http://www.dmv.ca.gov/pubs/vctop/d17/vc40504.htm - delivery of notice

http://www.dmv.ca.gov/pubs/vctop/d17/vc40518.htm - related to mailing of citations

Charge on my citation was 22348

 

[lwpat]

California Traffic Ticket by Mail

Interesting. I have reviewed the various statutes including the ones you posted. Most of them refer to what happens after you are stopped for a citation and placed under arrest. By signing, you agree to appear, you are released and then can be charged with a failure to appear if you don't show or pay.

Other statutes state under what specific circumstances a citation can be mailed. These are an accident and camera enforcement. By stating that mailed citations are allowed in these situations then it seems the intent of the legislature is to limit service by mail to those only.

The problem is that if you show for court then they can do the personal service. Since this is a serious violation with a major increase in insurance you might want to retain an attorney. My guess is that the traffic court judge is not going to want to get involved in something like this so it would have to go to appeal. However your attorney might be able to get it dismissed at the arraignment. I think it would be worth the cost. In addition doyou know where the officer is stationed? If it is not in your area that may increase the chance he will not show for court and the citation will be dismissed.

My CHP friend Carl says that this is rare but it does happen. Evidentially never had anyone challenge it though.

If you do nothing they will probably suspend your license and tack on the failure to appear. While you would win and get a new trial is it worth all of the effort?

Please post what happens.
Thanks

 

[quiet1]

I have secured an attorney. I'm in a position to have my case transferred to the county seat. San Diego traffic court is in Kearney Mesa, the court listed on my citation is in Vista (north county). I will post further developments as they occur.

Thanks