Alcohol & Drugs: DUI, DWI My summons wasn't signed

[RockyRacoon]

Recently I was at a party that was broken up by the police. I was issued a court summons by the officer. He administered a breathalyzer test, which I blew a 0.089. I did admit to underage drinking as well. My summons is rather odd in the fact that there is a typed-in portion listing various alcohol related crimes:

"under the age of 21, order, pay for, share the cost of, attempt to purchase, consume, or possess any beer or intoxicating liquor, to wit: in a public or private place, namely: a misdemeanor of the first degree"

I was told to sign the document, which I did, however the officer did not sign it, nor is any information about the officer on the document. There are clearly two lines which for the officer to sign (signature of charging officer and the issuing-charging officer name) along with one for a judge to sign.

My question is, am I guilty? There is not a sworn statement of the officer stating the charge is true/correct to the best of his knowledge on the summons. My BAC is not written nor is my confession on the summons. If I plead not guilty will the state still have a case against me? After all, who can be sent to testify against me, since there isn't an officer's name or signature on my summons? Could my case be thrown out for failure to use proper procedure?

thanks in advance,

rocky racoon

 

[Michael Wechsler]

Originally posted by RockyRacoon
Recently I was at a party that was broken up by the police. I was issued a court summons by the officer. He administered a breathalyzer test, which I blew a 0.089. I did admit to underage drinking as well. My summons is rather odd in the fact that there is a typed-in portion listing various alcohol related crimes:

"under the age of 21, order, pay for, share the cost of, attempt to purchase, consume, or possess any beer or intoxicating liquor, to wit: in a public or private place, namely: a misdemeanor of the first degree"

I was told to sign the document, which I did, however the officer did not sign it, nor is any information about the officer on the document. There are clearly two lines which for the officer to sign (signature of charging officer and the issuing-charging officer name) along with one for a judge to sign.

My question is, am I guilty? There is not a sworn statement of the officer stating the charge is true/correct to the best of his knowledge on the summons. My BAC is not written nor is my confession on the summons. If I plead not guilty will the state still have a case against me? After all, who can be sent to testify against me, since there isn't an officer's name or signature on my summons? Could my case be thrown out for failure to use proper procedure?

My understanding is similar -- I would challenge that the document, on its face, is insufficient. There is a charge made by no one. There is a case currently pending in New York regarding the same matter and might be one to look at -- A-48-03 State v. John W. Fisher. Does a police officer's inadvertent failure to sign a summons charging driving while intoxicated require that the charge be dismissed?

The Fisher case is being appealed so I guess the answer is that regarding a DWI charge where the officer inadvertently failed to sign the summons does not invalidate the summons.

 

[CharlesJ]

As I understand it in the instant you signed said document you accepted the terms of said document whether it be a summons to appear in court or pay a fine, as it were, a contract