Legal Question in Criminal Law in Missouri

Verified complaint;lack of in traffic

I have heard and done some preliminary research and found that a ticket is not a legal or verified complaint and they usually are not filed as such because most people don't know.Do you have any case cites or law cites on procedure to file a motion to dismiss based on lack of verified complaint. According to penal code and vehicle code there must be an injured party to file a coplaint to give the court jurisdiction. This much I have found; but now I cannnot find the cases or law to evidence this. I would gre4atly appreciate some help with this issue. Thank you


Asked on 2/28/98, 6:33 pm

1 Answer from Attorneys
Barbara C. Johnson Law Office of Barbara C. Johnson

A traffic ticket is but a CITATION!

If you email your email address, I'll email back a Massachusetts case which explains the purpose of a traffic CITATION (ticket).You do not state what you were cited for. Some motor vehicle are CIVIL (e.g., even speeding) violations; some are CRIMINAL (e.g.,leaving the scene of an accident).A ticket identifies the place and time and nature of the infraction.I do not know the law in your state, but in MA, you might receive a notice of a SHOW CAUSE hearing why a complaint should not issue. That hearing is usually before a clerk/magistrate. After that hearing, a complaint may or may not issue -- depending on what and whom the c/m believed. If a complaint issues (again in MA), you would receive it in the mail.It will identify the date, time, and place you are to appear in court. And most importantly, you will be able to see whether it is a civil or criminal infraction with which you are being charged.I recommend that if the ticket cites severe violations, you consult a local atty immediately. Good luck!

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Answered on 3/03/98, 4:41 pm


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