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From: clouds@ccwf.cc.utexas.edu (Kathy Strong)
Newsgroups: comp.org.eff.talk
Subject: Re: crime confusion
Summary: The fine print says...
Message-ID: <39194@ut-emx.uucp>
Date: 6 Nov 90 04:09:19 GMT
References: <4576@rsiatl.UUCP> <15810@letni.UUCP> <1990Nov2.202722.13748@ico.isc.com> <16038@letni.UUCP>
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Reply-To: clouds@ccwf.cc.utexas.edu (Kathy Strong)
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In several articles, either doug@letni.UUCP (Doug Davis) or rcd@ico.isc.com 
(Dick Dunn) writes:
> Of course you all know that technically if you pay a moving violation traffic
> ticket you were "arrested" and "convicted."  Keep that in mind the
> next time you fill out a job application.....

>This is wrong, of course.
>
>No it isn't.
>
>There are a few traffic laws which, if violated, will get you arrested.
>With the exception of some city ordiences, any ticket that is handed
>to you via an officer of the law is technically an arrest when you sign
>the bottom line.  Read the fine print on the next speeding ticket 
>you get.  I quote the lines "Signature of arrested person:" from one
>of mine.  At least in LA, TX, OK, and CA, they have all said the same
>or similer things.  
>
>Most won't.  You'll have to pay a fine, but you won't go to
>jail.  You'll have a traffic-violation record, but that's not a criminal
>record.  Best to keep the two straight.
>

As the proud owner of a brand-new speeding ticket, I decided to search for 
truth.

* Nowhere on this form am I addressed as "arrested person." The box where I
  signed is labeled "Drivers Signature: This is not a plea of guilty."

* What did I agree to when I signed my name:  "I hereby acknowledge receipt
  of this written notice to appear in court and I promise (agree) to appear
  at Municipal Court (address, etc.) on the court date stated above. I under-
  stand that if I only wish to pay this citation, I may appear in court up to
  five calendar days prior to the court date stated above. If no court date
  is written above, I promise (agree) to appear at municipal court on the 
  tenth (10th) business (M-F) day after this citation was issued."

* From the back of the notice, in a box labeled Please Read Carefully:  FAILURE
  TO APPEAR AS DIRECTED IS A VIOLATION OF LAW AND WILL BE PUNISHABLE BY A FINE
  OF $200.00 AND CAN CAUSE YOUR ARREST AND CONFINEMENT IN JAIL [emphasis added]
  ..."

It looks to me as though the person who said "if you pay a ticket, technically
you were arrested and convicted" is wrong--at least in Austin, Texas.  From
that, I extrapolate (uh-oh, look out!) that a traffic-violation record is
not a criminal record. Hope that's correct--I'd hate to be broke AND a crook.

--K



 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
   Kathy Strong               :  "Welcome to FUBAR Corp., where there's  
  (Clouds moving slowly)      :   never enough time to do a job right,   
   clouds@ccwf.cc.utexas.edu  :   but always enough time to do it over."