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If a Massachusetts state trooper hands the citation envelope to someone but the citation is not with it can this ticket be dismissed?

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September 12, 2011 9:10PM

It is highly unlikely. It is just your word that you did not receive the citation. How is the court to know that you did not just lose the ticket?

You need to call the clerk of court and find out how to take care of the violation. If you do not show up they will add a fine for failure to appear and issue a warrant for your arrest.

lwpat

Improved answer; If you did not sign the ticket that, you did not receive, the ticket becomes invalid in most juridictioons in most states. If there is no signature that belongs to you acknowleging receipt, it isn't just your word against his, its more like the burden of proof being that of the State V You, that you acknowlegded receipt via you signing the ticket. The Burden of proof is; there is no proof, case dimissed. How would you know to go to court over something youdid not know about? Well, the court will send you a default judgment letter and possibly with an FTA (Failure to Appear) ( which will add another $150.00 to your original fine amount and there will be some intimidating verbiage as well) attached. Then you call the court and talk to a clerk and explain, I don't know. He/She will set a date with a Judge, usually right away. Dont argue just go. (and don't just show up in person without calling and getting an appointment, If there is No Judge to see you right away you could be held on the warrant for a day or so before you see a Judge. It is also a good idea not to incriminate yourself under oath in court. If asked, were you on the roadway on that date and time in question, your answer could be as vague as the question... I live here in...I travel that road frequently, but I don't recall ever receiving a ticket. May I see the ticket (they have to have a copy for you)...well your honor there is no signature on the bottom that says I received this, ( then sort of shrug) the judge should or will finish your answer with something like...the state has the burden of proving you signed the ticket and there is no proof to that claim...case dimissed. If you signed the ticket...see the previous answer. Legal answer should be like life, Two lines of matter of fact doesnt even help, unless you are a government employee or a cop. FYI Cops are not considered employees (as verbatim) by thee municipality they enforce, they are considered members of law enforcement, inclusive of words and phrases like Quasijudical Immunity....look it up. Educate yourself, that's your best defense.