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

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.

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

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.

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