I was given a traffic citation for speeding. My understanding is that the officer cannot be a process servicer, as he is not an impartial 3rd party. Is he correctly following the proper criminal procedure, by him, the officer, handing me a traffic ticket.
I'm in Oklahoma.
Under 2020 Oklahoma Statutes
Title 22. Criminal Procedure §22-209. Citation to appear - Issuance - Summons - Failure to appear.
(2) In issuing a citation hereunder the officer shall proceed as follows:
(b) One copy of the citation to appear shall be delivered to the person cited, and such person shall sign a duplicate written citation which shall be retained by the officer.
Since he is a member of the executive branch of the municipality, he cannot also be an impartial 3rd party process servicer.
Isn't this correct?
Is there any laws or cases that I can cite that would support my motion to dismiss for lack of Personal Jurisdiction due to lack of proper service of process?