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assembler01
03-01-07, 09:29 PM
If you believe there was an error in a citation issued (ie it should not have been) and you investigate to get some evidence this is the case, is it possible for an officer to "void" or nullify the ticket ever? On a related matter, is it EVER possible for an officer to do so, either right at the scene or after the fact? ...or once the ink is dry there's nothing he can do about it? Let's assume you have presented evidence to the contradiction of the citation (let's say 'failure to control a vehicle' citation in this case).

Would the state matter either (I am currently in Wisconsin but curious as to differences in location too)?

Thanks a lot.:confused:


Citicop
03-01-07, 09:33 PM
If you believe there was an error in a citation issued (ie it should not have been) and you investigate to get some evidence this is the case, is it possible for an officer to "void" or nullify the ticket ever? On a related matter, is it EVER possible for an officer to do so, either right at the scene or after the fact? ...or once the ink is dry there's nothing he can do about it? Let's assume you have presented evidence to the contradiction of the citation (let's say 'failure to control a vehicle' citation in this case).

Would the state matter either (I am currently in Wisconsin but curious as to differences in location too)?

Thanks a lot.:confused:


It will depend on the specific rules of the specific department involved.

If you have information or evidence that goes toward your innocence, the officer is not the person to whom to take that information. Save it, plead not guilty, and present it to the judge at trial.

Good Luck-

Citicop.

Ironhead
03-01-07, 09:44 PM
All the parking ticket books and books of summons'/citations that I have ever seen have all been numbered.

They take the numbering seriously and under normal situations, it cannot be taken back except under the rarest of circumstances, especially by the person that issued it. I once made a huge clerical mistake on a summons I was writing - I kept all copies of that one, filled out another and had the driver sign the second one - I then had to turn in all copies of the first one with a memo stating why it was necessary to void it. I also turned in a copy of the second one, so that the brass knew I didn't 'change my mind' or get talked out of a ticket I was already half way through.

Many departments will have a person in a high enough rank to be able to void the ticket without a court appearance. For instance, if a handicapp driver has one of those cardboard hang-tags and forgets to put it up, many times if they bring the ticket and the proof of handicapped status (the plackard) to the Department they can have the ticket voided - but even then, it is important that they do it on the same day and before all the other copies of that ticket have been turned in to the Clerk of Court. After the ticket it turned in to the court, it is a done deal and the judge needs to dismiss the charge.


mobrien316
03-01-07, 10:13 PM
The only tickets I have ever voided were ones on which I made mistakes which could not be corrected while I was filling the ticket out.

An example would be at the scene of an accident where I have both driver's licenses and registrations on my dashboard. I intend to write a ticket to driver #1, but I grab the other driver's info off my dashboard by mistake. Halfway through the ticket I realize my mistake.

That ticket would never be issued and I would write a brief memo explaining what happened and turn it in with the rest of my tickets.

Once the ticket is written I will not void it. There is a process in place to contest tickets and that process does not include going to the police department and explaining the situation to them.

Incidentally, the example of someone with a handicapped placard coming in to contest a ticket the received for handicapped parking is fairly common around here. The statute specifies the placard must be in plain view in the car, so if it wasn't the ticket is valid. If they want to contest the ticket the proper venue for that is in court, not in the lobby of the police department. I never void such tickets.

mcsap
03-01-07, 10:16 PM
Once a ticket has been issued , the officer has to come to a Sgt. ( like me) and request in writing permission to withdrawal. If there was simply a mistake of the info on the cite, that can be amended in court. If it is real bad or turns out it should not have been issued , it can be withdrawn.

Legoate
03-02-07, 12:03 AM
We have a process where the officer fills out a ticket revocation form, the Sgt. signs it, and it's sent to the court.

I've only done one ever, and it was because I discovered DMV had made an error after I had written a ticket.

It's very rare that a ticket is taken back- noone wants any appearance of favoritism. Our local paper would love to post stories about cops giving preferential treatment with tickets.

Curt581
03-02-07, 01:06 AM
If you believe there was an error in a citation issued (ie it should not have been) and you investigate to get some evidence this is the case, is it possible for an officer to "void" or nullify the ticket ever? On a related matter, is it EVER possible for an officer to do so, either right at the scene or after the fact? ...or once the ink is dry there's nothing he can do about it? Let's assume you have presented evidence to the contradiction of the citation (let's say 'failure to control a vehicle' citation in this case).


Just so I've got this straight...

You lost control of your vehicle and crashed. The investigating officer wrote you a ticket for Failure to Control Vehicle / Unreasonable or Imprudent Speed. You don't agree, and demanded that the officer to "take back" the ticket. He refused, telling you that once written, tickets can not be voided or nullified.

Citations are not voided or nullified simply because the recipient disagrees with them. If that were the case, no one would EVER get a traffic citation or criminal charge for that matter.

There is a means in place to dispute your ticket. It's called "Court".

Show up on the date listed at the top of your pink copy, at the address specified. Inform the court official that you wish to plead Not Guilty. You'll be given a pretrial date to meet with a prosecutor and a judge. They'll schedule a trial date. You'll be able to show the evidence resulting from your investigation then.

Make sure you follow the legal rules for getting such evidence admitted.

dan1210bso
03-02-07, 01:33 AM
I can void a ticket.. but if a wrote you one.. why would I void it?

hitnrun
03-02-07, 01:39 AM
Just so I've got this straight...

You lost control of your vehicle and crashed. The investigating officer wrote you a ticket for Failure to Control Vehicle / Unreasonable or Imprudent Speed. You don't agree, and demanded that the officer to "take back" the ticket. He refused, telling you that once written, tickets can not be voided or nullified.


...

Took the letters right off my keyboard!

kels
03-02-07, 03:17 AM
Can I void a ticket. I could.
Will I void a ticket once it is issued.
NOPE
If there is an issue, I will speak with the county attorney
and he will dismiss the ticket.
Voiding the ticket is not the officers job after it is served.

Stan Switek
03-02-07, 04:05 AM
If after issuing a citation I became aware of facts that justified voiding a cite in the interest of justice, I could do so. Example, I cite someone for running a stop sign then discover the stop sign has been onscured by some bushes. I cite for running a red light & discover the red light on the signal is burned out. I fill out a form explaining the reason for the cite to vioded. We dont void a cite simply because the violator disagrees.

phantasm
03-02-07, 08:09 AM
Maybe. In our department it involves a form in triplicate, a sgts signature, and retraining as to why the summons had to be voided (filled out improperly). That is the ONLY grounds for a void of a summons. So in other words, yes it can be voided, if it has been filled out improperly, but thats the only reason. If you don't believe you committed the infraction charged, then plead your case in traffic court.

jvale00
03-04-07, 01:36 PM
Its an arduous process to void out a ticket.

assembler01
03-09-07, 01:11 PM
I ended up just going to the pretrial. I started to explain to the city attorney what happened and before I could even finish he dismissed it. I am just very upset because I OFTEN get inaccurate police reports on citations or on driver's exchange reports. It has happened in almost EVERY incident (citation or collision) and I often go through a very long process of gathering physical evidence to disprove what is written on the citation or driver's exchange reports. It really gets tiring. Four times now it has happened and I had to my own investigation to disprove what the officer wrote on the report and every time, luckily, I have succeeded (except this LATEST one I am still gathering evidence before I go to the police department and have them remove the incorrect information).

It has gotten SO bad I am seriously considering fitting my car with some sort of camera system so I have a visual record of any incidents or speed I am traveling. I guess police officers are just human beings and make mistakes like everyone else but this is getting ridiculous. I am guilty until I investigate and prove myself innocent...is that how it's supposed to work?

mobrien316
03-09-07, 01:22 PM
Wow! You are definitely in the running for the "It sucks to be you" award for this month.

It sounds completely unbelievable to me that every single time you get a ticket the police officer is wrong and you have to "gather evidence" to prove you were not doing whatever you were accused of doing.

I think you should go with your idea of a video camera. But don't put one in your car - hire a cameraman to follow you around 24/7 to make sure you have documentation in case anything bad ever happens again. You never know when the next cop will mistakenly think you've done something wrong.

mcsap
03-09-07, 07:39 PM
I ended up just going to the pretrial. I started to explain to the city attorney what happened and before I could even finish he dismissed it. I am just very upset because I OFTEN get inaccurate police reports on citations or on driver's exchange reports. It has happened in almost EVERY incident (citation or collision) and I often go through a very long process of gathering physical evidence to disprove what is written on the citation or driver's exchange reports. It really gets tiring. Four times now it has happened and I had to my own investigation to disprove what the officer wrote on the report and every time, luckily, I have succeeded (except this LATEST one I am still gathering evidence before I go to the police department and have them remove the incorrect information).

It has gotten SO bad I am seriously considering fitting my car with some sort of camera system so I have a visual record of any incidents or speed I am traveling. I guess police officers are just human beings and make mistakes like everyone else but this is getting ridiculous. I am guilty until I investigate and prove myself innocent...is that how it's supposed to work?

So why are you so OFTEN the attention of the police ?

Whitebear
03-09-07, 11:21 PM
mscap: you didn't understand yet that he is a victim of the judicial system? :D the police is against him, they just don't like him lol

It'S true that it's little weird that the popo is always stopping you that often..... can you explain why they stopped you? what was hte reason? what did they told you? did you got infraction ticket?

assembler01
03-12-07, 06:46 PM
I put many times the mileage under my belt each year than most people I know. I am always driving, constantly, to lots of different places. I work at many different locations and I'm required to always be on the go. I also end up driving in population dense areas, it's statistically inevitable that something bad will happen. It also helps that I'm younger than most people and police discriminate against younger drivers. I need a new job...

mobrien316
03-12-07, 07:08 PM
...it's statistically inevitable that something bad will happen...
It is apparent you are either completely unfamiliar with statistics, or that you drive like a myopic chimpanzee smoking a crack pipe. Or possibly both.

If you obey the traffic laws it is not "statistically inevitable" that something bad, by which I presume you mean a traffic crash, will happen.

If you routinely violate the traffic statutes it increases the probability that you will be involved in a traffic crash, but unless you routinely drive blindfolded through intersections and the wrong way on the interstates it is hardly inevitable that you will be involved in an MVA.

PS - Police do not discriminate against young people, but most police officers have little patience for stupid people. If you feel you are being discriminated against you might want to think about to which category you belong.

phantasm
03-12-07, 08:54 PM
I rarely know the race, sex, or age of a driver of a vehicle before I start to approach the vehicle, unless I am actively looking for seat belt or cell phone violations. Otherwise its something else such as stop sign, or failure ot signal, or some type of defective light that initiates the stop. I stop people because they've committed an infraction, not because of their age, sex, or race.

assembler01
03-12-07, 11:26 PM
Of course there are very few times when a police officer could see a driver before they decide to stop. It's what happens after a stop that counts. However, that's not what I'm worried about. I have never received a speeding citation or any moving violations in my life yet and I probably won't. I'm paranoid about driving safe so I dont have to pay higher insurance than a younger male already has to. What I'm referring to is a collision. Say there is an older woman and a younger man involved in a collision. There is some level of bias in every officer that the younger, and thus maybe less experienced and male, driver may have done something wrong...unless there is evidence to the contrary or the older woman says something incriminating. This has happened twice that an officer tried to put some of the blame on me until I later investigated and provided physical evidence to the contrary and was cleared. I even once recieved a citation after an accident but it was immediately thrown out in court. Again in that case I was the younger male and blame was assumed until I did my own investigation and presented all the evidence. The blame was then promptly reversed. I don't mind investigating to prove something wasn't my fault. I just wish police officers wouldn't discriminate in the first place. I'll be willing to provide my name and information in case anyone doubts that I have absolutely no citations to my name. I am considering the camera in my car to prove that I do not drive anyway but safe and save me the time of investigation after an accident caused by other inattentive drivers, and hopefully never caused by me.

kels
03-13-07, 12:38 AM
You are absolutely right.
We are very biased against young male drivers.
We even give them red.
Fact is, I see a lot of RED in your SHORT future.

Somehow I feel this thead has run its usefulness.

LA5150
03-13-07, 02:08 AM
http://i12.tinypic.com/49hwx1u.jpg

Creeker
03-13-07, 02:51 AM
It is apparent you are either completely unfamiliar with statistics, or that you drive like a myopic chimpanzee smoking a crack pipe. Or possibly both.

If you obey the traffic laws it is not "statistically inevitable" that something bad, by which I presume you mean a traffic crash, will happen.

If you routinely violate the traffic statutes it increases the probability that you will be involved in a traffic crash, but unless you routinely drive blindfolded through intersections and the wrong way on the interstates it is hardly inevitable that you will be involved in an MVA.

PS - Police do not discriminate against young people, but most police officers have little patience for stupid people. If you feel you are being discriminated against you might want to think about to which category you belong.


I concur.

Do you realize how torridly bad you must drive to have garnered this much LEO attention? While 8 out of 10 DUI drivers (maybe more) are undetected by LEO each day, you sir, should buy Lottery tickets.

Because a ticket gets thrown out in court, it doesn't mean that you didn't do it. It can mean anything from the LEO didn't show up to prosecute, the Prosecutor decided not to prosecute any defendant who actually showed for court, or any number of things.

If your problem has been vehicle collisions, you may consider being a less aggressive driver, because despite an accident being the direct fault of the other driver, damage can always be mitigated or avoided if you became defensive rather than offensive. This may also be one of the causes of the citations you've received. If you aggresively drive into an accident and then are obnoxious about assigning fault to the other driver to a cop, I could see a few guys handing one your way to let the court sort out the blame.

Here's a Pop quiz:

Snarky "little busy" guy gets into a Fender Bender with Grandma "Slow Pokey" Jones.

Snarky buzzes all about Joe "Bookem Danno" Copper repeating the mantra "She's at fault, but I know you will be giving me the ticket, because you guys hate young male drivers" while Joe tries to interpret fault.

Grandma sits in her car waiting patiently for this unpleasant episode to end while being continuously annoyed by Snarkie's 'Tude.

Who gets the ticket?

mobrien316
03-13-07, 06:08 AM
There is some level of bias in every officer that the younger, and thus maybe less experienced and male, driver may have done something wrong...

I'm sorry. That was incorrect.

But thanks for playing and please enjoy a copy of our home game. You can ask the next officer who pulls you over for it.

assembler01
03-13-07, 12:01 PM
is all I have to say. I like how you guys immediately jump to conclusions about how I act at a scene (the problem is I keep my mouth shut until I talk to insurance and lawyer, if I spoke up maybe I wouldn't get cited in the first place). I totally agree this thread has run its course and I am ashamed that you all are police officers. It kind of makes me sad that you all who jump to conclusions so easily and show your bias right on this forum are in charge of enforcing our laws. Now I understand why officers jump to conclusions in real life, seeing as how easy it is for almost all of you to do it here. I understand how much more training should be required for police officers before they are let loose on the real world now.

I thought this forum might bring some trust back in our law enforcement officials, but I only see a quasi-"band of brothers" attitude with some major god-complexes. What makes most of you so defensive? I understand you are probably used to dealing with the worst of society but realize that is the nature of the job and there is the rest of the world out there that are not drug-runners or murderers and who don't hate the police. Most of us aren't criminals and thought the police were here to help us.

valycop
03-13-07, 02:03 PM
If you believe there was an error in a citation issued (ie it should not have been) and you investigate to get some evidence this is the case, is it possible for an officer to "void" or nullify the ticket ever? On a related matter, is it EVER possible for an officer to do so, either right at the scene or after the fact? ...or once the ink is dry there's nothing he can do about it? Let's assume you have presented evidence to the contradiction of the citation (let's say 'failure to control a vehicle' citation in this case).

Would the state matter either (I am currently in Wisconsin but curious as to differences in location too)?

Thanks a lot.:confused:

First, I have been accused of being one of the quiet laidback members of this forum so I will address your questions directly. By the way, sherrif's officer should be Deputy Sheriff. One "R" two "F's."

To break your question down a bit if a citation is written incorrectly most agencies my own included require me to account for every ticket, summons, citation I'm issued. Therefore if I make a mistake while writing out the ticket then yes, I can void the ticket and start over, but I must then turn the voided ticket in to my supervisor with a brief explanation.

Now, after the ticket is issued, you've have signed and I have given you your copy is there a means of taking the ticket back? No, for me to drop the charge you must appear in court and I must ask the Judge or Prosecutor for the State to dismiss the charge.

I believe after rereading your question several times what you are trying to say is the investigating officer (in this case a deputy sheriff) made a mistake in his investigation of the incident. You feel you were not a fault and believe the charge(s) should be dismissed, well sir thats fine. That's exactly what the judicial system is for and yes it is up to you to find the evidence to prove you are not guilty of the offense(s) charged. If you prove the investigating officer is wrong, good for you it only goes to show that law enforcement officers are human beings too and are recruited from the human race. Am I trying to be "smart" with you no, not at all, but you must realize that the burden of proof not only falls upon the state, but upon the accused as well in the search for the truth.

If you feel the officer is wrong in charging you with a crime or a traffic infraction, take your case to court to be heard before a Judge. Do not try to argue your case with the officer either at the scene nor a day or two later because as any one of us will tell you it will be up to one of two people to either dismiss the charge (prosecutor) or find you "not guilty" (judge). In other words once the charge is placed then the judicial system must be allowed to run it's course.

Whitebear
03-13-07, 08:12 PM
is all I have to say. I like how you guys immediately jump to conclusions about how I act at a scene (the problem is I keep my mouth shut until I talk to insurance and lawyer, if I spoke up maybe I wouldn't get cited in the first place). I totally agree this thread has run its course and I am ashamed that you all are police officers. It kind of makes me sad that you all who jump to conclusions so easily and show your bias right on this forum are in charge of enforcing our laws. Now I understand why officers jump to conclusions in real life, seeing as how easy it is for almost all of you to do it here. I understand how much more training should be required for police officers before they are let loose on the real world now.

I thought this forum might bring some trust back in our law enforcement officials, but I only see a quasi-"band of brothers" attitude with some major god-complexes. What makes most of you so defensive? I understand you are probably used to dealing with the worst of society but realize that is the nature of the job and there is the rest of the world out there that are not drug-runners or murderers and who don't hate the police. Most of us aren't criminals and thought the police were here to help us.


Here I saw the attitude and inferiority complex of someone who was not choose to be part of the team, and who as hanger about the fact that he will never be a LEO when it was is dream..... you asked a question, we took more than our time to answer your question, you didn't like the answer,fine, it's your choice. Now move on... you know what you need to know so don't dig your hole anymore, you look like a fool right now and loosing all the respect of everybody here.... It's time to accept the evidence that you'll have to pay or go to the court with evidences that your are not in fault.... And please stop insulting everybody here before getting lock, ban, and getting us hexausted of immature talking..... :cool:


ok Next question please

Drew27k9
03-13-07, 11:19 PM
Thread Closed.