What happens if you are pulled over for speeding but not given a ticket? This is probably a duplicate question, but I'm very freaked out about what happened. I apologize if it is. I'm a teenager who just got pulled over for the first time (unbeknownst to be, the on-ramp for a local interstate had a speed limit of 45, not 65 as I thought. I was going 71). The cop put on his lights and I pulled over. I gave him my license and he took it to his car and gave it back to me. He then went back to his car and let me go. He didn't give me any papers or anything, but I'm really scared. Did I get a ticket?
In CA, with no papers given to you, there is no ticket. You are required to sign the ticket, which you obviously did not do.
I have not read the news report so cannot comment on the alleged offences and police conduct, but what I can say is that the information to given on arrest may be found at section 28 Police and Criminal Evidence Act 1984 (PACE): (1) Subject to subsection (5) below, where a person is arrested, otherwise than by being informed that he is under arrest, the arrest is not lawful unless the person arrested is informed that he is under arrest as soon as is practicable after his arrest. (2) Where a person is arrested by a constable, subsection (1) above applies regardless of whether the fact of the arrest is obvious. (3) Subject to subsection (5) below, no arrest is lawful unless the person arrested is informed of the ground for the arrest at the time of, or as soon as is practicable after, the arrest. (4) Where a person is arrested by a constable, subsection (3) above applies regardless of whether the ground for the arrest is obvious. (5) Nothing in this section is to be taken to require a person to be informed— (a) that he is under arrest; or (b) of the ground for the arrest,if it was not reasonably practicable for him to be so informed by reason of his having escaped from arrest before the information could be given. Note the provisions at subsection (3) do not require anyone else to be told the grounds (reasons) at the time of arrest - including members of the public, protesters, bloggers or the press. Kerb-side debates can seriously or significantly distract the officer from ensuring e.g. public safety or preventing e.g. an escape from custody. Also, depending on what else is going on e.g. say in a dynamic and volatile crowd control or public order situation, the person under arrest does not need to told immediately if it would be impractical to do so. The operative phrase being as soon as is practicable, which is not defined by statute as each case needs to be considered individually according to its own set of circumstances. The relevant case law is DPP v Hawkins [1988] 1 WLR 1166, but the only detailed commentary I can find online is behind the PNLD paywall1. Succinctly, the magistrates initially dismissed the case against Hawkins for assaulting four police officers who kept him under arrest without giving the grounds as required by s.28(3) PACE. The DPP appealed, and the Court of Appeal sent the case back to the magistrates saying, inter alia, although there is an obligation under s.28(3) to tell a prisoner of the reason for his arrest as soon as possible (sic) after his arrest, a constable was also under an obligation to maintain that arrest until it was practicable to do so. 1Or free to law enforcement officers
I do not know whether anyone has ever tried it, but it would not take much for a judge to conclude that the only reasonable interpretation of a speed limit sign is that the speed is to be measured relative to the surface of the road or to any other object that is stationary in that frame of reference. Does there exist provisions in any legal system to fix this legal loophole? Most rules for interpreting legal texts fix &quot;loopholes&quot; of this sort by providing for the consideration only of interpretations that are reasonably likely to have been intended, or that a reasonable person might arrive at. The interpretation that the speed limit could be measured against any frame of reference (or indeed any one other than that of the Earth's surface) is not reasonable.
The exact situation depends on where you are. If you are in Washington state, what you get (but did not realize) is a notice to appear in court. By not paying the fine or showing up to court, you could be subject to RCW 46.64.025, so that the department of licensing is notified. You have 15 days to respond to the notice. We assume that you are a resident, because if you are a non-resident (and not resident of another state with a reciprocal agreement), they would have required you to pay a bond at the time of the ticket (though that isn't possible with automated infraction-detection). When the Dept. of Licensing gets the notice of the unpaid ticket, they may suspend or revoke your license. At this point, you will have received notice that your license was suspended (unless you changed your address and mail isn't forwarded, in which case you have a different problem, that you're supposed to apprise DOL of your current address, and didn't do so). At that point (after they send the letter), you have 15 days to respond. One response is to pay the ticket plus the added fines, or, you can request an administrative review (to appeal the suspension). The point of going to court to plead your case would presumably be to modify the judgment against you, for instance to reduce or eliminate the added fine. You would then need to give a good reason for not being punished: RCW 46.64.025 already has you covered, because the suspension process starts with willfully failing to appear. You would then need to show that your failure to appear was not willful. It does not legally matter whether you are a foreigner or have problems understanding the language. Speeding tickets usually say pretty clearly that you must pay the ticket within a specified time frame, or appear in court, but people don't always read tickets. It is entirely plausible that one's grasp of the language is low enough that there really was a misunderstanding. If you can provide credible evidence that your failure was not willful, by law you would only be liable for the ticket. In other states and countries, the situation could be somewhat or quite different (e.g. Norwegian traffic laws are stricter). In New Mexico, it is more serious to fail to appear. NM Statute 66-8-126 states that "It is a misdemeanor for any person to violate his written promise to appear in court, given to an officer upon issuance of a uniform traffic citation, regardless of the disposition of the charge for which the citation was issued". Your license can/will be suspended (it is not clear whether suspension is automatic), but additionally since failure to appear is a misdemeanor, you can be arrested. Unlike Washington law, there is no willfullness requirement for such a penalty. Given the criminal nature of failure to appear, a traffic attorney would need to suggest an appropriate belated response.
In the United States who has the authority and what is the procedure to determine if conduct by an individual is "illegal"? You are conflating several different ideas here, which is probably the source of your persistent confusion. 1) Actions are legal or not Illegal: Not authorized by law; Illicit ; unlawful; contrary to law The law sets out certain things that you must do (you must stop at a red light) and things you must not do (you must not drive under the influence). Sometimes actions fall into a gray area of the law, or aren't addressed at all, but if something is spelled out, then it's very clear whether the abstract action is legal or not. Running a red light is illegal. Driving under the influence is illegal. There are definitions and specified penalties for both. 2) A person may or may not be guilty of an illegal action Guilty: Having committed a crime or tort Abstract actions can be legal or illegal, but people commit crimes. When someone commits a crime, they are guilty of that crime. This is true whether or not they are ever prosecuted, or even if law enforcement knows who the guilty one is. If someone runs a red light at 2 in the morning on an empty street, it's still illegal and thus they are guilty of running a red - but no one will ever catch them. If someone is shot in the middle of the street, then someone is guilty of shooting them. Again, the shooter may never be found, but whoever they are, they are still guilty. 3) An individual may or may not be guilty of the crime of which they are charged. Charge: the statement of the alleged offense that brings a person to court If law enforcement (whether your local traffic cop or the FBI) believes that you are guilty of a crime, they can charge you with committing it. They may be right. They may be wrong. But the suspicion of having committed it is enough to charge you. To continue the traffic example: If an officer sees you running the red light, they can write you a ticket (effectively charging you) for doing so. They may or may not actually be right (it could have been yellow or malfunctioning, for example), but law enforcement has the power to charge regardless. 4) A defendant may or may be found guilty and convicted. Conviction: In a general sense, the result of a criminal trial which ends in a judgment or sentence that the prisoner is guilty as charged. Finding a person guilty by verdict of a jury. This is where the presumption of innocence comes in - the default assumption is that the accused did not commit the crime that they are being charged with, and it's the prosecutor's job to prove otherwise. If the accused is found to not be guilty of the crime, then they (presumably) didn't do it - it doesn't necessarily mean the crime didn't happen, just that this specific person didn't commit it. Alternatively, the defendant can be found not guilty for other reasons - the judge or jury can determine that the crime didn't take place, took place but was justified, or the defendant wasn't in their right mind at the time. On the other hand, if they are found guilty, they're convicted and sentenced to whatever an appropriate punishment is. TL;DR Whether something is legal is determined by the legislature when they pass laws. Someone who commits an illegal act is guilty of doing so, even if they are never charged. Again, this is determined by the legislature when they pass laws. People are charged with violations of specific laws by law enforcement. Defendants can be found guilty by the court system. In other words, only the courts can determine whether a specific individual actually committed illegal behavior, but the behavior is still illegal regardless.
They don't treat right-of-way persistence at all You are required to follow the car ahead at a distance that is reasonable and prudent, having regard for both speeds, traffic generally, and road condition (i.e. curves, rain). CVC 21703. This would apply to the other driver. You must only shift lanes left or right when possible with reasonable safety and only after signaling. CVC 22107. That applies to you. If you &quot;cut them off&quot; such that they must make adjustments to re-acquire a distance that is reasonable and prudent, then you are guilty of 22107. If you changed lanes properly, then it is immediately and continuously THEIR duty under 21703 to maintain safe distance despite whichever lawful maneuvering you may need to do. Note that 22109 forbids you to stop or suddenly decrease speed without first giving an appropriate signal, unless there is no opportunity to give that signal. 22109 is a civil infraction that assumes accidental or negligent braking. (i.e. me going for the clutch and not remembering the car is an automatic). Intentionally brake-checking someone is a crime with risk of jail and other more serious consequences than &quot;fine and points&quot;.
"Police" that one would generally encounter in the US are local or state agencies, and the ordinary crimes you mentioned are matters of state law, so they would be reported to local or state police. (There are federal law enforcement agencies, but they only deal with specialized areas of federal law, and you wouldn't ordinarily encounter them in daily life.) On the other hand, immigration is a matter of federal law. The responsibilities of local or state police are governed by state law, and the federal government cannot compel state officers to enforce federal law. A specific state's law could potentially require state and local police to ask about people's immigration status and/or ask the federal government to check on the status of someone they suspect might be illegal. I believe a few red states have enacted, or are considering, such laws, though they usually deal with people stopped by police rather than people filing a report. Some of these laws have been challenged in court, and I am not sure which exact parts of which laws are still being implemented for each of those states. Most states do not have such laws.
If the DA decides to press charges (we don't know) and if he is convicted (looks like a solid case), the problems are not just the sentence itself. There might be a probation period with conditions like drug tests and counseling, with penalties if he misses them. It is legal to discriminate against people based on prior convictions. While California has some restrictions on when employers may ask, they can make it one part of their assessment.