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Does a traffic officer have to stop you on the scene in order to issue a traffic fine?

Asked over 2 years ago - San Francisco, CA

Can a fine be mailed at a later stage? I had stopped briefly in a no stopping area for a small time to consult a map, with the car still running and all the people still in the vehicle. I was not pulled over but had a black vehicle pull up behind me till i moved off.

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Attorney answers (3)

Robert Lee Marshall

Reputation Level 20

Answered over 2 years ago. Criminal Defense Attorney in Chico, CA.

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Yes, you can be cited later. If this is a moving violation, unless someone can identify you as the driver of the car they couldn't convict you. If they just have the license plate but don't know who is driving, it would be impossible to prove the case against you.

On the other hand, if it's just a parking-type citation that is issued to the car, not the driver, that's a differnt story.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like Avvo, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

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Matthew Edward Williamson

Reputation Level 15

Answered over 2 years ago. Bankruptcy Attorney in Monterey, CA.

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No, but it sounds like they are going to have a hard time proving you were the driver if it was a moving violation and not just a ticket associated with the car itself (like parked too long at a meter, etc.).

So, it it was a "parking" ticket, then yes. If an actual moving violation - you probably have some defenses if you want to fight it, including identifying the driver. You aren't required to testify against youself and the officer would have to identify you specifically as the driver and if he didn't come up to your window he's going to have a problem with that.

Good luck with your situation.

Matthew Williamson

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Alan James Brinkmeier

Reputation Level 20

Answered over 2 years ago. Lawsuit / Dispute Attorney in Chicago, IL.

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Yes the citation can be served upon you by mail later. An attorney familiar with the policies and procedures of the court will know the likelihood of negotiating such a resolution given the circumstances of your case.

Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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