Posted by C. Mark on December 16, 1997 at 17:40:33:
Some please help with this:
I recently received a citation for speeding (going 55 in a 45 at 6:30 in the morning, taking
a friend to hospital for surgery). When I signed my name with the words "without prejudice,
the officer crossed them out before handing me my copy. I asked why and he said I had no right
to add anything besides my signature to "his" citation. I said it was a legal document and as
such, I had a right to reserve my rights in writing. He said "it wasn't a legal document".
Anyway, an attorney has confirmed that according to the Code of Criminal Procedures under which
this falls, the officer was justified in his action because the UCC isn't applicable for this type
of legal matter. The problem I have is that this flies in the face of all I've read and heard
about use of the UCC for protection against signing under duress. I thought I may have a good
case against the officer when I get to court, but now I'm unsure. Someone wiser than I on this
issue please respond. Much thanks indeed. Please respond to c.mark@ix.netcom.com.