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Auto accident, how long does police have to issue a traffic ticket for accident in state of OHHow long does an offficer have to issue and have you sign a traffic citation? I was involved in an automobile accident 6 days ago (it was a Friday). At the time of the accident the officer said he couldn't determine who was at fault and he would do some further investigating to determine this. I asked him when he thought he would have the information and he said tomorrow (Saturday). I called the sheriff's office on Saturday and was told that information wouldn't be availble until Monday. I called back on Monday morning and was told that no citation had been issued and the report had not been received by the records department. I asked the woman I spoke with to have the deputy call me ASAP regarding the matter. The deputy finally returned my call on Thursday afternoon. He told me he had determined I was to be cited (I disagree, but that's another matter). He then told me we needed to meet so he could give me the citation. He said that since I lived near the scene of the accident and that was in his general area that he would come by my house and bring the citation. He asked when would be a good time and I told him I would be home the rest of the day on Thursday. It is now 8:00pm and he has failed to show up or let me know he is not coming. Tomorrow will be a week since the accident and I have zero information regarding the accident. How much longer can he hold onto this citation? Attorney answers (2)
Reputation Level 10
Answered over 3 years ago.
Car / Auto Accident Lawyer in East Meadow, NY.
After being involved in several thousand legal cases all over the State of New York for the last twenty years I would says its not that unusual for an officer to take several days to file a report. In fact a client of mine told me last week that when he went to pick up the accident report at the police station the officer told him that he had to change some items on it so it would be a few more days.Look I guess you may be able to use it against the officer in court trying to defend yourself against the offenses but officers are given a lot of leeway. Look at the accident report for any inconsistencies or errors to better your defense. This may include having the wrong direction the vehicles were traveling, statements that were given but never found its way on the report and even missing traffic signals.
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Reputation Level 14
Answered over 3 years ago.
Wrongful Death Attorney in Laguna Beach, CA.
DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.
We practice law only in California. In California, the investigating agency may take a reasonable amount of time to complete its investigation. Traffic citations can sometimes be issued immediately but in other cases it may take days and even weeks. We've had police reports ready within one week and in other cases involving major accidents, it has taken an incredibly long six months. If a traffic citation is eventually issued against you, you may be able to use the delay in your favor depending on the facts of your case. I've found that over time, witnesses tend to forget important details which can make it difficult for criminal charges to be successfully brought against you (the state has the burden of proof -- not you). It is not your obligation to initiate contact with the police agency. If they are going to issue you a ticket, they will mail you a notice or have it personally delivered. If this does not happen, then consider yourself lucky. The above information is provided for discussion purposes only. Jackson & Wilson, Inc. and its attorneys believe in helping people and answering their questions and providing information and solutions. To encourage and facilitate this practice, it is understood and agreed by the recipient that by opening, reading and viewing this information, no attorney-client relationship has been discussed, agreed to or otherwise established. In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights! Best Regards, Jon Mitchell "Mitch" Jackson Jackson & Wilson, Inc. www.JacksonWilson.com 1 person marked this answer as good
Other answers (1)
bethel
Answered by a user, about 2 years ago.
I want to add to the thought that the officer's report is key. I was recently given a neg. II ticket, with a fine twice the standard amount for that charge. What I actually did was take a photograph of the officer - who was standing on a bus stop bench in full uniform. I did this while parked in a public parking lot. However the officer had seen my vehicle drive past him two times prior to my parking and taking the photo. He was furious, came running at me screaming, thumped my car with his fist, called in back up etc.
Skipping all the aggro BS and the lies he told, I'll just say that, of course, I fought the ticket. When I was in front of the judge I was well prepared to point out the lies, the fact that the officer's own report did not specify any crime committed, nor even a hint of one, etc, but she stopped me, and said yes, there was nothing there at all and dismissed right there. Now, his report did say I was "argumentative" but, considering he was threatening me with a taser, a massive fine, etc, and I knew I'd done nothing wrong, well then yes - If saying "No, Officer, that's not true" is argumentative, then that's what I was. However, that's not illegal. Now that officer has a red warning note in the local copwatch file. Point being: Get the officer's report, compare it to the charge and what is needed to prove the charge. If there is nothing in the report that would, if true, prove the charge, then that should be pretty easy to point out to a judge. I am not a lawyer. I am not a law student. I am a member of Copwatch. 1 person marked this answer as good
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