Here, the traffic ticket contained a handwritten description that indicated that he “failed to veer left or slow speed passing police cars w/ disabled motorist.”
Bill of particulars ohio driver#
In that case, the driver was cited for failing to change lanes away from a stationary public safety vehicle (failure to “move over”) in violation of the local city ordinance, which mirrors R.C. In that case, the driver argued that the court should have dismissed his case because his traffic ticket referenced an incorrect code section. Court Allows Amendment of Ticket Citing Wrong Code SectionĪn Ohio appellate court recently addressed this issue in Brecksville v. (3) the amendment merely clarifies or amplifies the information in the original ticket. (2) the defendant was not deprived of a reasonable opportunity to prepare a defense and (1) the original traffic ticket gave the defendant notice of the true nature of the offense The general rules is this – An Ohio traffic ticket may be amended to correct a clerical error so long as: Thus, whether an amendment should be allowed is decided on a case-by-case basis. Ohio courts have distinguished between amendments that change the “name or identity of the charge “and those that just correct administrative or clerical errors.Ĭlerical errors or typos on the ticket can be corrected even on the day of trial, but fundamental changes to the name or identity of the charge cannot.įor example, where a traffic ticket clearly sets forth the offense charged, but erroneously cites the wrong code section, the court will allow the prosecutor to amend the ticket so long as the error does not “prejudicially mislead the defendant.” State v. “The court may at any time before, during, or after a trial amend the indictment, information, complaint, or bill of particulars, in respect to any defect, imperfection, or omission in form or substance, or of any variance with the evidence, provided no change is made in the name or identity of the crime charged.”
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