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40302 of the California Vehicle Code enumerates the circumstances under which an officer is required to arrest an individual and take him/her into custody. It says nothing about a right to refuse to sign a citation. In fact, quite the opposite, it states that an arrest is required when the individual is unlicensed, refuses to sign a citation, or insists on being arrested.

40302 (c) of the California Vehicle Code covers those circumstances where an individual demands to be arrested and taken before a magistrate. I saw no evidence of such a demand being made in this case.

"40302 of the California Vehicle Code enumerates the circumstances under which an officer is required to arrest an individual and take him/her into custody."

Many, many years ago I received a ticket from a Santa Monica cop. After I signed the ticket, he handed the pad back to me and told me to write my name legibly, because he couldn't read it. All four of us in the car burst into laughter. I refused, and told him "I could put an X on the line, if I wanted to". He was clearly angry, but knew I was right.

Sorry, to cryptic sometimes. Yes, if you refuse to sign a ticket chances are you will be "arrested". What I was trying to express (and did so poorly) was that in the event you are "arrested" demand to be taken to a magistrate. Do not agree to booking or incarceration until you have a PC hearing. Object to your treatment the entire time but do not "resist arrest"(Belligerent Claimant,McAlister vs. Henkel, 201 U.S. 90, 26 S.Ct. 385, 50 L. Ed. 671;). Inform everyone you interact with that you are belligerent claiment. All of this is provided you conduct your self properly during the original stop. When the cop asked you "Do you know why I stopped you?" Always say "No", Yes is an admission that you knew you did something wrong. I always asked the cop if they are in need of assistance when stopped. When the ask "what?" I say "Well why else would you stop me?" The USSC ruling about ID means you now must identify your self - but you should also ask the cop if this is a Miranda or a Terry stop. Do it with respect and calmness. IF they say it is a Miranda stop and still demand you "papers" tell them to please read you your rights and then ask "If I give you my papers am I incriminating myself?" If it is a Terry stop NEVER let them search your car, make them get a warrant(It is the best policy to never allow a search even if you think you have nothing to hide.) Your lawyer will be happy with you if you did not consent to a search.

Now I have followed these guidelines and have been taken to a magistrate twice and had the charges dismissed; both times without cuffs etc. I know of 18 other cases where people have followed this policy and had the magistrate dismiss the charges - none where they were "held over". The third school is the one where you write on the ticket "Offer of contract refused." I would not recommend this unless you are very good talker and know your rights.

Take the time to defend your rights. The system depends on you just writing a ticket and sending it in - if everyone took their case to trial the system would deadlock and thousands of cases would be dropped for time.