Is a summons considered legal if the officer hasn’t ‘signed it acknowledging that he or she is duly authorized?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is a summons considered legal if the officer hasn’t ‘signed it acknowledging that he or she is duly authorized?
I received a citation for speeding but the citation is not duly signed by the officer. Is it legally admissible?
Asked on August 22, 2018 under General Practice, Alabama
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Yes, it is legal. A summons is not invalidated for a harmless error, and this error would be regarded as harmless. It is also not invalidated for an easily cured or corrected deficiency, and this could be fixed by simply letting the officer "amend" the citation to include that signature. Indeed, even if this citation were struck down for a procedural irregularity or deficiency, it would be dismissed "without prejudice," which means they could simply issue you a new summons for the same infraction.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.