What will a cop do if.....?

Question

ok, in California, if you get pulled over by a cop, and he writes you a ticket. When he hands it to you for you to sign it, what if you REFUSE to sign it? Can they do anything? Like arrest you for failure to cooperate?

Answer 1

Yes they can either issue a warrant for your arrest or arrest you there and impound your car.

Answer 2

In the state where I'm from they can don't know about california. My advise is just sign it your not pleading guilty it just promising your going to be in court at that date and time you can always fight your traffic ticket in court.  

Answer 3

I was military police in my enlisted days, and worked for 5 years in California as private security, with a lot of contact with local police. If you refuse to sign a traffic violation, the police officer has two choices: [Edit: Option 1 is apparently not available in CA, according to Mikey, who actually is CA L.E. So that answers that question.]

1st: He can have a witness (another cop) witness your refusal to sign, write "Refused to sign" on the ticket, and go on his way. If you try to say he never gave it to you, etc, he has a witness.

2nd: Technically, you just refused to sign a promise to appear in court. Now, you can sit in a cell and wait. After all, what's to say you will come back if you're refusing to agree to? Unlikely you'll actually wait till your court date, but you can if you wanna play hardball.

The decision will depend upon department protocol, officer's discretion, what kind of violation, and your demeanor (which is probably no good since you're refusing to sign).

If you don't wanna appear, you can pay the fine (and be guilty). I was once cited in Georgia on my way to Ft. Benning. The court date coincided with Field Training (not easy to get out of). I called the courthouse, rescheduled (they are kind if you are) and made my date. Actually, I got out of the ticket in court, my cop was the kind that gives LE a bad name, and it showed.

I was also ticketed in Texas when I was due to be in Hawaii for my wedding by the court date. I was guilty (very, very guilty) and knew that rescheduling wasn't going to help. So I of course paid the fine, took the class, and drove slower from then on.

Basically, the only way to fight it is to go to court. If you don't appear, you are guilty, fined, and expected to pay. If you will take that route, do so from the beginning, mailing in your ticket. That way they don't throw in "Failure to Appear" as an additional charge.

Answer 4

It's not even up to me:

40302.  Whenever any person is arrested for any violation of this

code, not declared to be a felony, the arrested person shall be taken

without unnecessary delay before a magistrate within the county in

which the offense charged is alleged to have been committed and who

has jurisdiction of the offense and is nearest or most accessible

with reference to the place where the arrest is made in any of the

following cases:

[...]

   (b) When the person arrested refuses to give his written promise

to appear in court.

[...]

You'll note up there at the top where it says "...shall be taken..."

"Shall" pretty much removes discretion.  If you won't promise to show up, we'll make sure you do.

If you don't want to appear, that's fine.  You just sign the ticket and then later on mail in the fine.  You have to plead guilty, obviously, but you don't have to appear that way.  

Answer 5

Appearing in court for a violation of the law is not optional, which is exactly why you can be arrested for refusing to sign a citation. If you fail to appear in court and return to life, when you attempt to renew your license you will be denied.

Answer 6

Technically, when you get a traffic citation, you are being arrested.

Your signature is your promise to appear AND you are signing the citation as a 'bond' to appear.

If you refuse to sign, you'll be arrested, you vehicle towed and you'll go to jail. Then, you can hire an attorney or pay a bondsman to get out of jail.

Answer 7

  it would probably depend on what state/county you were pulled over in.  and there is such a thing as mail if you choose not to appear.

Answer 8

up here in washington they do not need to sigh the ticket

Answer 9

You'll be arrested.My son didn't believe it.I received a phone call from jail at 10:30 one night.I left him there.

Answer 10

They'll take you down to the station and probably keep you there until you sign it. Or you'd face the same consequences you would if you didn't pay for it.

Answer 11

I can't tell you, because in MN the person receiving the citation does not have to sign anything, we just hand over the citation.  If the person refuses to take it, that's on them, as they will obviously fail to pay for it or go to court.

Answer 12

Signing the ticket is not an admission of guilt, it is just to confirm you received it.

They could legally take you into custody and hold you for bond, but the actual procedure may vary by county.