Rule of Law Radio Archive Search Engine

Well, in the file itself, the citation is there, but there is no signature one way or

Even if the citation is fatal on its face, the other party deserves notice.

The citation is 762, Southwest, second, 591.

The case, the citation is 178 Ohio, Appellate 3D 285.

Well, as I understand, the courts have held that a traffic citation is considered signed by the officer under oath

But it's either case law or statutory law that the citation is considered filed under oath

Any alternative, whatever you want, the first citation is dismissed without prejudice or with prejudice

Granted or denied, second citation is dismissed, granted or denied

the citation is waiting for me to sign them

Those are, those three things are common in almost every single type of traffic citation issued in any state.

We presuppose that we know what the statute, what the citation is saying

Well, a citation is an arrest.

which is rule 120A of the Texas Rules of Civil Procedure and then I challenge them on the fact that the citation is not a complaint it is not a summons

I had three issues okay the thing is is that your citation is a promise to appear right yes so I appear no the citation includes a promise to appear no it is only a promise to appear typically unless they've got the date and time correct which typically they don't

and the code of civil procedure it is hand delivered if a police officer writes your citation isn't there a special provision to allow the police officer to write you the citation well there's a special provision to get a promise to appear so you appear special

appearance which and you challenge jurisdiction now you're saying the citation is only in effect a promise to appear and once they appear there has to be an information or a charging instrument there's got to be something else well yeah that's a requirement simply because he's 100 percent correct

none of the prerequisites to embody a complaint under any part of the code of criminal procedure exists on a citation it's just not there right and so the citation is totally flawed and so we can beat them every time if we especially appear and we if we appear generally and you plead your screw

you haven't given jurisdiction and you basically come after them with the fact that the citation is not a complaint, it is not a summons and that their process is insufficient

If you send me the cases, the numerical citation is the one I need,

Here we go. I got the citation. United States Court of Appeals for 11th Circuit, citation is 870 F2D, page 586, 1989.

Well, sometimes, sometimes the officer, you know, even if the citation is printed, he

But the thing is about the citation, he's got no proof he issued a citation is my point.

So under the APA, which Randy wanted to know, the citation is Chrysler v. Brown, 44 U.S.C.

It citation is 353 U.S., pages 238 and 239 of the United States.

which after doing my research on the statute, citation is considered a summons.

Florida Motor Vehicle Code, a citation is a summon.

right here, every one of those constables issuing a traffic citation is doing so illegally.

Is a person being issued a citation under arrest when the citation is being written or not?

Scoundrels there had to have been a citation issued and there also had to have been the opportunity

Well, the citation is a promise to appear.

in compliance with a citation issued under Article 14.06B or C, the magistrate shall

Well, because 14.06B and C say they apply only to a citation issued for Class C misdemeanors

it doesn't clearly state right then and there that a citation is a summons.

and therefore a reasonable person is going to conclude that a traffic citation is also a summons.

The reason why I got the citation is because the other driver had her signal light on,

It is the presumption that the citation is presented under oath so that it's not necessary for him to go to a notary

but nowhere does it say how any citation issued in relation to a transportation code offense is to be handled in the procedure.

It specifically says a citation issued in accordance with 14.06.

which states very clearly that if a person in response to a citation issued, but here's the caveat, a citation issued under the criteria of 14.06B or C, okay?

punishable by fine only that appears in compliance with a citation issued under 1406 B or C shall

compliance with a citation issued under 1406 B or C, then you shall do all the things that

And then underneath it, it says, this citation is delinquent 10 days from.

citation is unable to invoke the subject matter jurisdiction of the court.

But a traffic citation is a crime that doesn't involve anything in the penal code.

The citation is flawed, fatally so.

The citation is the paperwork that was served.

because I believe that the citation is defective on its face.

You could also approach it from that standpoint I guess to make sure that the citation isn't somehow magically converted into a bona fide

after the fifth day after the date the citation is served

To dismiss citation is not a valid complaint if the court is acting without a

two dates don't agree. So that would mean this citation is invalid upon its face as

Now on top of that, I just finished doing a brief on why the citation is not a valid complaint nor does a written complaint grant the jurisdiction to the court to hear the cause.

And the citation is sent to the registered owner of the vehicle who is presumed to be the responsible party.

The citation is not, cannot be a complaint.

The citation is simply the document.

If you look in Black's law about what the definition of citation is,

Black's law specifically says a citation is a directive or order under process of the court

and uh what the citation is at least as far as texas is concerned falsification of a government

to work is, is the first thing is, is you need to be aware of what a citation is. And

Black's Law Second and Bouvier's 1856 very clearly show that a citation is an order issued

a citation is issued by police officers for the purpose of getting the person to appear

vehicle registration is $40, the citation is $130.

CPR experts say mouth-to-mouth resuscitation is no longer needed.

One of the bases that he's challenging on is this exact issue that there's no complaint, there's no information, the citation is not an adequate charging instrument

And he got it on tape or on his digital recorder in the courtroom, the prosecutor admitted in open court, he said yes your honor, the defendant is correct, the citation is not sufficient charging instrument

The point is the prosecutor admitted in open court that the citation is not a valid charging instrument, that's the topic

But even so it was still a court of record that we're getting off topic here, the whole point is that the prosecutor admitted that the citation is not a proper charging instrument, that there has to be information

is a complaint and said your honor in the state of Texas the citation is wholly insufficient

that the citation is the only document that's against him in the court record.

Okay, but now do be aware that once you go from 543 and the citation is issued, you don't touch 14.06 again.

Yeah, the purpose of the issuance of the citation is so that neither you nor the officer are required to join together

Two, the citation is not a valid complaint nor is it a valid charging instrument of any kind.

There are numerous discrepancies in the citation issued, numerous discrepancies in the police

When I explained to her that Chapter 543 Texas Transportation Code clearly states that the person being issued a citation is in a custodial arrest,

But the problem is, as you well know, the citation is not a complaint, does not meet the requisites of a complaint,

In some states, the citation is enough.

As far as I know, in New York, the citation is not a valid complaint.

need. Yes, they need. Okay, the citation is not a complaint. What they need is a criminal complaint.

Right, and in Texas a traffic citation is not a criminal complaint.

Exactly. Well, he said that the citation is the verified complaint. I said according to

complaint against me. This would also apply to the citation issued by this witness and

For instance, after the citation is issued, what comes next?

And the state statute that refers to a citation is no citation should be issued if the person refuses to sign.

Well, remember, the citation is not statute.

So they just kept going back to the clerk, kept going back to the citation is your notice

said to complain that the citation is another thing you said to be in that folder and what

moment they begin the citation issuing process, Texas law says you are under a custodial arrest.

That's true if it's traffic and the citation is issued in accordance with the rules of

They will issue the citation, the citation gets filed, anyway, the citation is issued

The citation is fraudulent.

where it says very clearly that a person who appears in the court in compliance with a citation issued under 14.06B or C

in your state and see if during the citation issuing process you are arrested in accordance

on a citation issued pursuant

At one point it said an information or a complaint or citation is not enough,

It's my understanding that the citation is not a proper summons.

No. No, because there can be civil fines and there can be criminal fines. And a citation is nothing more than a summons to answer an accusation based upon some thing, and it can be a civil accusation or a criminal one.

and because you're a co-owner, the citation is not dismissed.

They're not. Remember, the citation is to the owner of the car and you're one of them.

1517, G says very clearly that when an individual appears in compliance with a citation issued pursuant 1406B or C,

the magistrate, or I'm sorry, as a misdemeanor, appears before a magistrate in compliance with a citation issued under article 14.06B or C.

If it's not, the citation is invalid on its face.

citation issued under the provisions of 1406B or C, the magistrate shall perform the duties

The problem here is this. You need to file an immediate motion to quash the citation and to quash the complaint on which the citation is, that is based on the citation.

more of those ways before that statement on the citation is valid.

citation was issued for failure to maintain financial responsibility, the citation is invalid

And no complaint based upon that citation is any good.

This section has to be on every citation issued in Texas and it reads thusly 701.105A, a citation

If they don't comply with law, the citation is completely invalid.

The citation is not sworn.

I filed a motion for to quash the complaint and to quash the citation because the citation was invalid for formatting reasons and the citation is invalid.

His authority to arrest without warrant for the purpose of issuing the citation is only where he finds a person committing a violation.

The citation is what put him in this court, not the act itself.

And his authority to arrest for the purpose of issuing the citation is specifically limited to instances when he did witness the act.

I have had a couple of epiphanies as of late on a speeding citation issue. So integrating that into the document updates and folks, I know there are some of you out there listening that I have been promising updates to for a week.

The statute of limitations starts when the citation is issued or the complaint is filed.

The citation is not sworn to by anybody for any purpose.

There was no citation issued at the time. It was just done belatedly.

If you read 708.105, the statement that it refers to that must be on any traffic citation issued in Texas, you will notice that there's a title in that section as well.

Remember that the first and foremost problem is lack of notice. The citation is not proper notice.

about right here, in compliance with a citation issued under article 1406 B or C. If you go

class C or related to parking then do this and and that citation is filed with the court

have none of those requisites the citation is also not sworn to as a complaint absolutely must be

Ladies and gentlemen, the citation is not a charging instrument.

The citation is not notice because it is not a charging instrument, okay?

The citation is documentation of the execution of his executive function.

The citation is issued for the violation under the transportation code and possibly the penal code at the same time or one or the other.

If the only offense charged on the citation is Class C misdemeanors, there is nothing in the statute requiring an appearance.

that I know of since the citation is not legally binding for any purpose except as a promise

So in your individual states, what we're dealing with is the function of the citation is probably

that there's no verified complaint, and the judge says the citation is a verified complaint.

Okay, so this is Glick v. Cunniff. The citation is 655-F, period 3D, pages 78, and A4, the first circuit, 2011.

issue that citation is limited only to offenses that are committed in his presence of view.

resuscitation is no longer needed. You can stick to just chest compressions. Hands-only

given you is the citation the citation is not signed and sworn to by anybody is

you the citation is noticed object to that and say no it is not noticed it does

CPR experts say mouth-to-mouth resuscitation is no longer needed.

Being a hero just got a whole lot easier. CPR experts say mouth to mouth resuscitation is no longer needed. You can stick to just chest compressions.

because he is a licensed police officer, the courts presume that the citation is written under O.

Okay, I was just – The other problem they have, though, is if the citation is for a Class C fine-only offense, there is no authority in Texas statute for that magistrate to issue a warrant for failure to comply with the notice.

I mean, when you consider the average cost of a traffic citation is, with court costs,

Now, another fun thing to note about this citation is there's a category here that says

The only thing you're doing by signing a citation is agreeing to appear and that's it.

on a citation issued under the provisions of 14.06C, the magistrate may issue a warrant. Now, what is 14.06C of the Code of Criminal Procedure?

The problem is, is the citation is not a complaint.

So the notice to appear on the citation is blatantly illegal on its face because it's summoning you to appear in court as if there is some judicial proceeding being initiated by the issuance of the citation.

because I told her, ma'am, this citation isn't invalid

Is the citation is a court summons?

And they, they always try to say, well, the citation is the, you know, the complaint, which I, you know, I know how to deal with that as well.

Okay, so we go to the next section. Citation is not valid to serve as a pre-trial summons.

Craig maintains that the transportation citation issued to him does not constitute a valid summons for the purpose of binding him over for continued appearances at all future proceedings.

Therefore, Craig maintains that the transportation citation is nothing more than a one-trick pony, serving only to obtain and establish an agreement between the officer and the accused that the accused will voluntarily appear before the

Now, 15.17G is pretty short. It reads thus. If a person charged with an offense punishable as a misdemeanor appears before a magistrate in compliance with a citation issued under Article 14.06B or C,

It was the primary argument in my motion. He said, well, your citation, I'm sorry, the citation is enough.

Citation is neither sworn to nor verified in any way, shape or form.

and does that 20 days begin when the citation is issued

That's what the citation is.

The citation is never the complaint unless you waive it under twenty seven point one four D of the code of criminal procedure.

And then make the allegation in court with photographs that show no such proof that the citation is valid.

Okay, I'm going into court tomorrow to try and fight this citation. I learned that the magistrate is not gonna be there tomorrow. Among other things, just the way this guy filled out my citation is questionable.

Number two, the citation is not sworn to in front of anybody. Number three, the required language out of Texas statute of what constitutes a valid complaint does not exist in the citation.

And yet, we're going to say that the notice that you got from the citation is the same

Request Act, I asked to judge here where the traffic citation is, where the money goes

Essentially, the citation is not related to any name. It just has a vehicle description, so I figured I'd jump in here because I'm a lot more fed on the stuff that my brother is

Does the prosecutor also happen to know that the source of those complaints is a citation issued by yet another city employee who is currently sitting in the, or preceded you in the witness stand?

And if they're trying to say the citation is the complaint and complaints in New York, if the law says they're required to be signed and sworn or sworn and verified, then there has to be two signatures on there.

Now they're going to attempt to argue that the citation is the complaint and it's all

543.009 of the transportation code is what sets up the predicament of a person who fails to appear in compliance with a notice to appear on a citation is guilty of a failure to appear or a misdemeanor is all it says actually doesn't even define it as a failure to appear just as a misdemeanor.

the alleged offense. Although this option to challenge the citation is said to result

in the alleged citation is going to be a local officer who has been summarily and superficially trained by the

And if the citation is not paid in 30 days, they're going to double it.

Now, if your due process, according to whatever the law specifically is on that out there, says that the court can summon you in the following ways and citation is one of those, then it's binding if you sign it.

In a court of no record and a court of record, when it comes to the time the citation is issued, everything is the same. The officer by law cannot write a citation to make your initial appearance at any point less than 10 days from the date the ticket is issued.

They received it and they are supposed to know if the citation is servable or not.

See, a citation is not a complaint.

I need to find out what statute supports their argument that a citation is considered a complaint.

sure citation is not a punishment punishment's up to the courts the

citation is a criminal accusation is it not

But their argument is going to be the citation is your first notice.

Well, the court date that they put on the citation is less than a month away.

Now, the other issue there is when the citation is not signed by you

So if an infraction is not criminal even in New York, then the officer's seizure of you for the purpose of issuing the citation is an illegal seizure.

I guess the citation is the complaint, and when I looked it up in the statute, it says

the citation is an unverified complaint.

Citation is from the court.

If you were acting entirely in your private capacity, the citation is still illegal and the only recourse here is civil.

citation is that it was

and they may not be able to get through with the citation issue

A citation is not a valid complaint under this statute.

Now, if the person refused to sign, it's a promise, the citation is basically a promise

what's on the citation is also what's in the complaint. Gotcha. But it almost never is.

first place. But those things don't apply to anyone else. Neither does the citation issuing

What kind of citation is this?

Right. And if they're using it under anything to deal with the Texas transportation code, that citation is illegal.

Again, that depends upon what the citation is and how it's done and the type of offense

or coercive collection for a citation issued without any authority of law.

As I firmly believe that the citation is a printed document under the provisions of Section 32.48 Penal Code,

the citation is written out with her name and the criminal summons is written out to me

First off, the citation is not sworn, can't be sworn, there's no one there to verify it when it's issued

And the date which was the same date as the citation issue

If the notary is pre stamping these documents before there's an actual citation issued on them

And what it appears is they have the top of the citation is what I received

Then the citation is insufficient to invoke the court's jurisdiction even if there is a waiver because it does not comport itself with the requirements of a complaint and the sufficiency of a complaint

The complaint is saying motor vehicle. The allegation on the citation is that the type of conveyance was a moped. Why the disparity? You get them on that line of questioning so that you can get the connection between moped and motor vehicle by getting them to read through each of these definitions through judicial notice

However, the problem that creates is the citation is not compliant with the requisites of a complaint under 5 or under 45.019 of the Code of Criminal Procedure.

or proof of insurance, so then they ask, well what citation is he going to be showing you?

the fact of the matter is the citation is not a prerequisite to prosecution for a traffic offense

they can do it by complaint, the citation is merely an early notice of their intent to do so

The problem is that the citation is after the fact, and there's no basis in law for them to send a citation after the fact.

an out-of-state litigant on a traffic citation is not profitable period he cannot win all he can do

No, well, I don't see that the citation is...

All right. So the citation is from Maryland.

and the citation is a contract wherein the person accused

then a citation is not appropriate.

So besides Washington, California, New York and whatever other states, possibly Utah, this is a go-to solution for you in relation to a citation issued by an officer through an actual detention stop.

you're doing? And if they try to say the citation, say, hey, the citation is not signed. It's

No. The citation is issued by the officer.

The red light camera letter, in and of itself, the fact that they sent you an illegal citation is problem number one.

Within 10 minutes, the whole citation is done, the whole stop, everything.

the citation is because there is a man standing right next to me with a gun.

one you can, you select whatever the citation is and you click mark a citation and it opens

When you read 15.17 G and 14.06 B and C, the only time the court, and 27.14 D, the only thing the court can do if the person fails to appear in response to a citation is to receive a proper criminal complaint.

The citation is illegal on its face.

The citation is not what any municipality is authorized to issue.

The citation is not authorized in statute anywhere.

Yeah, she is for a citation issued by DPS for alleging 72 and a 60.

Then the citation is void on his face

And you want to move for dismissal because the citation is void on his face

And the citation is expired registration.

and arresting you for the purpose of issuing that citation is absolutely illegal.

the citation is or what the heading of the document is just like any other court pleading.

When I talked to the judge of JP court three, the new judge, he says, your citation is considered

You have to enter a plea or else there will be a citation issued on your behalf.

Okay, so you're arguing that the citation is insufficient itself, and you're not addressing

Okay, how do you get to the issue that the citation is insufficient?

Because the citation isn't a proper accusatory instrument, and it's not a verified complaint.

in Texas, is that a prosecution commences by a complaint, and that the citation is insufficient

So what you're being accused of through that citation is a violation of the transportation regulations.

Anyone else, court clerks included, are using the citation issued by that officer as the beginning procedure for this court action,

And the citation is not considered?

That when an individual fails to appear in response to a citation issued under that code

It clearly tells you that if the charge on the citation is for a Class C fine only offense

If the citation is creating a presumption that the person

in receipt of said citation is not innocent rather than guilty,

They rely on 27.14D to presume that the simple issuance of a citation is what invests the court with jurisdiction.

the minimum bar they set is a verified criminal complaint, which the citation is not in any stretch of the imagination.

They really can't get there, and not based on some argument that the citation is insufficient, but the argument is that the officer himself failed to include in the documents sufficient evidence to render the claim against the citizens valid.

Because the citation is required to do that.

And if it does, and if it is why there's a speeding citation issued, then it's already

attached to the citation is a prepayable offenses the total amount for court costs must be received

what would you say that again uh whether or not the citation is what the law requires it to be

an issued citation is required by law to be signed by the accused individual.

endanger everyone on the road and the individual he's pursuing to get a citation issued for

because the citation is completely illegal.

But it's not in there. There's not anything about this officer's authority. It is presumed. And it's my assertion that the citation is insufficient on its face to invoke subject matter jurisdiction of the court.

Speeding Ticket Municipality, Texas, when the citation is issued and it has the, you know,

When the peace officer writes the citation, since the citation is a professional conduct

Therefore, the citation is insufficient to invoke the subject manager jurisdiction of the court.

And the system unless the citation is fully dismissed, it will never be removed for three

Claim that you were not operating within the statutory scheme. And that the citation is

Code of Criminal Procedures 45.018, and a citation is not good enough, but a defendant can waive that.

Okay. Well, then here's your problem. If the ticket is not the charging instrument, what it specifically says on the citation is not going to get the resolution you want.

a citation is written unlawfully to you that you have to go to court and answer. Okay.

Basically, the first papers I should file upon receiving the citation is a discovery with those interrogatories and requiring bill of particulars.

Just real quick here, there was also, I was trying to see, because I know that you say that you try to not complete, you say the citation is not a real complaint.

here they say that a citation is used as a charging document. So how do I get around that? What does

And then we're also going to say that even if he did, the citation is insufficient on its face to invoke.

It specifically says the only plea that they can take in relation to the citation is a guilty or no contest plea.

There are only two commissioners that end old traffic court. Yes, California is different than most states. A traffic citation is not a criminal action. It is an infraction and it's adjudicated over by a commissioner.

Yeah, so the citation is insufficient on its face

And number three, you thought that an unsigned citation is automatically a valid complaint,

In most states, a traffic citation is construed as a crime, and we've had discussions about

You know, the citation is invalid pursuant to 708.105.

I have 701.001, a 701.001, but not a citation issued for an offense under traffic law of

or has it been something else within 10 days, then the citation is invalid as far as the prosecution on it goes.

Again, the citation isn't required

because it applies to any citation issued in California

there are specific chapters and specific sections that say every citation issued in relation

And they're going to try to say the citation is acting as a substitute for the complaint when they sent the notice.

Furthermore, the citation is not based on probable cause.

So what is your purpose in taking on this traffic citation issue?

The citation is not a deposition. It is not a sworn anything.

that the citation is the complaint then you need to know what the maryland code says a valid

I have been saying ever since I've been on this show and before the citation is an illegal summons

to tell you that that citation is your summons to appear in court is a criminal act by any

initial court setting, including failure to appear as required by a citation issued under

got up to two years to file the complaint the citation is not the complaint okay so they have

And so what I did was I took my criminal, I had five criminal complaints, I took all of them to the JP where the pending citation is

So basically they were saying in Rhode Island how when a citation is drafted,

The only thing in the case file is the citation issued.

the citation is what they're trying to slip into this slot.

with the issuance of a citation is and what that citation is allowed to act in place of, if anything.

well no wait a minute are you going to read me another case about how citation is not a charging

that the citation is not an accusatory instrument, and he is correct that you don't have to have the other kind of indictment or information.

Now, that's different from what you have when you're talking about the notice to appear, and all of these court cases that you're talking about continuously keep saying the citation is not accusatory instrument, it's nearly a notice to appear.

Or are you talking about someone that was summoned by a trooper or whoever, you know, that citation issuing officer to appear before court?

I want them to say that a citation is not a complaint.

than 10 days notice to make that appearance within that 10 day time frame is when that citation is

the citation is a command to appear before the court where the court is supposed to conduct

judicial power 21 corpus juris secundum courts I don't know what all this citation is courts

section 45 that allows you to prosecute you based on the citation alone, and the citation is never

This citation is not one of them.

Only, I don't think the citation is right because that isn't precisely what that section

Oh, citation is not a complaint.

that's issuing the citation is department of public safety yes sir okay but does it have a name

texas law nothing allows the citation to give a court jurisdiction unless the citation is

And certainly a citation is not good enough to start a court case

Okay, so if there is a local and specific provision that says the deposition issued on the citation is valid as is provided it is properly signed,

So the complaint is filed, meaning what? That the complaint is filed before the court or the complaint citation is sent to me or what?

Everything they're doing on a speeding citation is fraud.

Everything they're doing on a speeding citation is fraud.

And what it challenges is precisely this issue, that the officer who wrote the citation is not authorized to enforce the transportation code.

It's super common in Texas that they will pretend like the citation is the charging instrument.

Well, regardless of what they put on the citation, unless the citation is what they actually use as the complaint in Michigan, you need to make darn sure to compare that to whatever complaint is filed.

This is a uniform citation issued by such-and-such police department on this date and this time for this alleged offense.

They were trying to pretend like a traffic citation is a complaint, and I gave it to

at the DA's request, this citation is being sent to you.

The citation is an implementing tool of the regulations themselves

Well, Judge, this citation is the charging instrument.

He says that the citation is a charging instrument.

The officer files the citation and the citation is used as a complaint, but there are problems with that.

And what he's saying is the traffic citation is not a criminal affidavit.

New York State has actually said that the traffic citation is not sufficient

The courts have been trying to say that the citation is enough, that the officer whites,

And New York specifically said that that citation is not sufficient

Say what it is under Massachusetts law, under Massachusetts law, traffic citation is not

Yeah, the citation is used as a complaint in the place of a separate written complaint.

your citation is on.

and it'll go down and find that string of text and take me to where their citation is.

I don't know if the citation is right. As you mentioned in the beginning,

Right, because they're saying that the citation is going to give them subject matter jurisdiction because I voluntarily said I was going to come to court.

Now, I think everybody deep down recognizes this, but we've been falling for the con that says that the cop's citation is good enough.