Is Failure by Officer to Sign Ticket a Defense to DWI? No, State v. Fisher __NJ__ (2004)

Is Failure by Officer to Sign Ticket a Defense to DWI? No, State v. Fisher __NJ__ (2004)

The unsigned ticket, which provided the defendant with adequate notice of the nature of the alleged offense and the date, time, and location of his required court appearance, does not require dismissal of the DWI charge. The ticket not only contained all of the vital information, but also the evidence does not suggest that the officer acted in bad faith in issuing it. Based on those facts, the absence of the officer's signature is an amendable defect under Rules 7:2-4 and 7:14-2. Although there is no reason to doubt that the officer had probable cause to issue the DWI ticket, the matter is remanded to the municipal court to allow the State to supplement the record by having the officer submit an affidavit or provide testimony indicating his belief that probable cause existed, or by offering into evidence a signed copy of the traffic ticket.Hire a Trial Attorney To Represent You If Charged With a Criminal Or Serious Motor Vehicle Matter Kenneth Vercammen's Law office represents individuals charged with criminal, drug offenses, and serious traffic violations throughout New Jersey. Our office also helps people with traffic/municipal court tickets including drivers charged with Driving While Intoxicated, Refusal and Driving While Suspended. Criminal and Motor vehicle violations can cost you. You may have to pay high fines in court or receive points on your drivers license. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. DMV/MVC [Motor Vehicle Commission] or have your license suspended. Don't give up!The Law Office of Kenneth Vercammen can provide experienced attorney representation for criminal and motor vehicle violations. When your job or driver's license is in jeopardy or you are facing thousands of dollars in fines, DMV/MVC surcharges and car insurance increases, you need excellent legal representation. The least expensive attorney is not always the answer. Schedule a free in-office consultation if you need experienced legal representation in a traffic/municipal court matter.Our website kennethvercammen.com provides information on traffic offenses we can be retained to represent people. Our website also provides details on jail terms for traffic violations and car insurance eligibility points. Car insurance companies increase rates or drop customers based on moving violations. Call the Law Office of Kenneth Vercammen at 732-572-0500 to schedule a free in-office consultation to hire a trial attorney for Criminal/ DWI/ Municipal Court Traffic/ Drug offenses.