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Q: Open Container Summons in NYC. Possibly Defective? ( No Answer,   0 Comments )
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Subject: Open Container Summons in NYC. Possibly Defective?
Category: Reference, Education and News > General Reference
Asked by: scbgt-ga
List Price: $20.00
Posted: 18 Jul 2005 17:23 PDT
Expires: 24 Jul 2005 19:32 PDT
Question ID: 545131
Hey Everyone,

So here's the deal.  I was issued a 10-125(b) summons in New York City
for having an open alcohol container in public.  Along with managing
to reverse my name on the summons (middle name listed as last name,
first letter of last name listed as middle initial), the officer never
had me sign the bottom of the summons.   The bottom of the summons
says:

 "I acknowledge reciept of this summons.  I understand it is my
responsibility to read and comply with the instructions on my copy,
and that my signature below is not an admission of guilt"

And below that is a standard area for a signature and date.  Once
again, i did not sign this area, the officer simply handed me the
summons and left.

I have since done some research, along with seeing another Google
Answers thread on the same summons
(http://answers.google.com/answers/threadview?id=117360), I found a
document on the NY Court site that makes me think the summons is
defective because it hasnt been signed.  The document is at

 http://www.courts.state.ny.us/courts/nyc/criminal/NYCCD-Annual-Report-2004.pdf

On page 17 it quickly summarizes the procedures the court system use
to process summons, and it happens to state:

"Authorized agencies drop off summonses at the Central Receiving Unit.
The Central Receiving Unit separates these summonses by county and
then by appearance date. It also looks for defects serious enough that
would prohibit the summons from being docketed, such as a missing
signature, narrative or bad return date. The summonses are then copied
into the court?s computer system by high speed scanners which
recognize each ticket?s bar coded summons number and then produce an
electronic image of the ticket."

So my question is simply can someone please verify (through other
documents), that the lack of my signature on the summons will render
it defective, and therefore prevent it from being "docketed".

Also, since the officer got my name completely backwards (my last name
is not on the summons), does anyone know the paperwork an officer is
sopposed to fill out when issuing a summons?  Basically, was the
officer sopposed to fill out other paperwork which would have my name
on it, or is the summons (and my incomplete name) all they have to
identify me?

Thank You,
Brian

Please feel free to ask for clarification on any issues.
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