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Ticket is defective if it isnt signed by the officer issuing it.
He would have to appear in court to have the defective ticket tossed? Part of me says tough luck kiddo, pay up. The other part says tough luck officer, you didn't do the right thing, either.
He would have to appear in court to have the defective ticket tossed? Part of me says tough luck kiddo, pay up. The other part says tough luck officer, you didn't do the right thing, either.
Maybe he can first go in sometime during office hours and show it to the clerk of the court as defective and see where that gets him?
He would have to appear in court to have the defective ticket tossed? Part of me says tough luck kiddo, pay up. The other part says tough luck officer, you didn't do the right thing, either.
plead not guilty and state your case in court. If the ticket is defective, the court will throw it out. An unsigned ticket is a defective ticket
Earlier this month: my SBU student parked his car in the LIRR lot on campus as opposed to the SBU commuter parking lot. He usually backed into the parking spot. As he is an adult, I do not check his inspection -- that's his responsibility. His inspection expired the end of last year. Needless to say, he made it very easy for the police to spot this and ticket him.
He came out of class that night, in the rain, and found a soggy ticket under his windshield which tore when he removed it. He came home ticked off. When I learned what had transpired, I was beyond ticked off. He had the car inspected the next day. I realize that it's too little too late and that's not what my question pertains to.
The officer who issued the parking summons did not fill out any of his/her information on the ticket. The boxes for: Complainant (Print rank/officer's name/shield no.), Squad/Unit, Com/Pltn, NCIC, Officer's ID/Employee No., and Police Agen. are ALL blank. There's no indication of the amount of the fine, so my son is unable to plead guilty and pay it by mail as he has no idea as to how much to pay.
The question is:
Given the absence of all the police information, in addition to the lack of fine amount, can this ticket be valid? Everyone has the right to know their accuser, or so I thought. There's absolutely nothing.
To compound things, given he doesn't know the fine, or which agency to contact, he is forced to take a day off from school and work because of the officer's inability to completely fill out a form. Part of me feels that the officer saw the SBU commuter parking tag, knew s/he had a student, and was a little extra vindictive as it was raining out and they had to get wet to do their job. What better way to screw over a student than leave all the pertinent information off a ticket, forcing the student to go to court on a school day?
I'm really upset with my son's lackadaisical approach toward inspection, but even less happy with the fact that the police officer couldn't be bothered to properly fill out the form. We have no idea if this is SCPD, NYSP, MTA.
Does anyone know if this ticket is enforceable? Would it be thrown out for lack of the police info? Or how to go about finding what agency issued the ticket? Or how to find out what the amount of the fine is so it can get paid?
Just wait until the court sends you a summons to appear in court. It would appear that the cop might have a hard time getting the clerk to accept the ticket whereas it is not properly filled out. If and when the court contacts you then thats the time you go to court and show the Judge how the ticket is not properly filled out and therefore it is not a proper prosecuting document and request the court to dismiss the action , which they most likely will. Innocent until proven guilty.
Maybe he can first go in sometime during office hours and show it to the clerk of the court as defective and see where that gets him?
I'm going to give him the info from the thread and what he does with it is his call. The court date is a Thursday; he works mornings and goes to class from 12-7. Perhaps he can call someone at the court between work and school to see how defective tickets are handled.
Financially, it doesn't pay for him to go to court and miss work and possibly some classes. His call.
Just wait until the court sends you a summons to appear in court. It would appear that the cop might have a hard time getting the clerk to accept the ticket whereas it is not properly filled out. If and when the court contacts you then thats the time you go to court and show the Judge how the ticket is not properly filled out and therefore it is not a proper prosecuting document and request the court to dismiss the action , which they most likely will. Innocent until proven guilty.
From what I can make out, the parking ticket is a summons complete with a court date on it. If he ignores the court date, I am guessing he could become a scofflaw?
If it were me, I would fight it based on the incomplete document. I can work on the go, so going to court wouldn't be costly. But then again, if it were me, the car would have been inspected.
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Needless to say, he made it very easy for the police to spot this and ticket him.
