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  • Citation question

    Thanks for having this forum!

    Can an officer change what's on his/the Court's copy of a citation versus the one that is given to the accused, at least without filing a motion to amend?

    I have received a citation for failure to stop for a sign, and on my ticket the remarks section is unchecked and blank. On the Officer's copy and the Courts copy the remarks section has been checked, and the text 'Had a child in the car at time of violation' has been added. What is/was to prevent the officer from writing in that there was a 12 pack of beer on the floor as well?

    I thought that when the officer had to 'swear to' the summons he is representing that the citation he gave to the court is the same as the one he gave me?

  • #2
    Those are probably his notes so that he can remember the car stop. He's not changing the actual violation, just adding notes, which is legal and a smart thing to do on our end.

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    • #3
      It just seems odd to me, as there were others in the car as well.

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      • #4
        Yep, he can. The officer is entering a charge, he is not swearing that copies are exactly the same. You wouldn't get an officers citation notes here, either. Unless he charges you with the beer that doesn't exist, it really doesn't mean anything.

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        • #5
          cool

          thank you.

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          • #6
            Same thing here in Connecticut. The violator's copy never includes the officer's notes here.

            Pete

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            • #7
              In Ohio officers can add remarks on the face of the citation prior to the citation going to court. This area is no differant then the statement of facts that I am sure the officer submitted with the citation. The only thing the officer cannot do is change the original charge or add additional charges to the citation as the defendant has to be served with these, prior to the citation going to court. Also traffic tickets in Ohio cannot be amended. They have to be dismissed and refiled if the charge is not correct.

              Comment


              • #8
                Criminal Rule 7

                Originally posted by BC1260 View Post
                Also traffic tickets in Ohio cannot be amended. They have to be dismissed and refiled if the charge is not correct.
                Huh? Criminal rule 7(D) allows prosecutors to amend complaints pretty much at will, so long as you are served with the amended complaint.

                For instance, my original citation just mentioned that I violated 4511.12 of the ORC with the comment that the offense was a 'traffic control device' -- after I filed a motion to dismiss due to there being over 135 such devices under Ohio law, this was amended to state the device was a stop sign and showed up at my house about a week later.

                I guess if the charge is entirely wrong they might have to re-file, but simple clerical errors like stating 4512 versus 4511 could be readily amended.

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                • #9
                  huh?
                  "Ask not what your country can do for you - ask what you can do for your country." President John F. Kennedy

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                  • #10
                    Originally posted by groomden View Post
                    Huh? Criminal rule 7(D) allows prosecutors to amend complaints pretty much at will, so long as you are served with the amended complaint.

                    For instance, my original citation just mentioned that I violated 4511.12 of the ORC with the comment that the offense was a 'traffic control device' -- after I filed a motion to dismiss due to there being over 135 such devices under Ohio law, this was amended to state the device was a stop sign and showed up at my house about a week later.

                    I guess if the charge is entirely wrong they might have to re-file, but simple clerical errors like stating 4512 versus 4511 could be readily amended.
                    You're getting off base. The original post only mentioned a note being added, not a charge. If you are charged for one crime but you really committed another then yes it would have to be re-filed. But simply adding a fact, and it was something you didn't receive a citation for, doesn't automatically result in a dismissal.

                    Also a stop sign is a traffic control device.

                    Originally posted by 3rd_Watch View Post
                    huh?
                    Lets try to avoid these meaningless fodder posts. mmmmmk?
                    Last edited by wirefire2; 10-18-2008, 02:57 AM.

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                    • #11
                      agreed wirefire2. i wasn't whining that my citation should be dismissed, i was pointing out that in ohio citations can be amended in response to BC1260's comments.

                      Comment


                      • #12
                        Originally posted by groomden View Post
                        Thanks for having this forum!

                        Can an officer change what's on his/the Court's copy of a citation versus the one that is given to the accused, at least without filing a motion to amend?

                        I have received a citation for failure to stop for a sign, and on my ticket the remarks section is unchecked and blank. On the Officer's copy and the Courts copy the remarks section has been checked, and the text 'Had a child in the car at time of violation' has been added. What is/was to prevent the officer from writing in that there was a 12 pack of beer on the floor as well?

                        I thought that when the officer had to 'swear to' the summons he is representing that the citation he gave to the court is the same as the one he gave me?
                        Your copy is just an explanation of charges, and notification of court date. It can, and is regularly amended.
                        "Would I ever leave this company? Look, I'm all about loyalty. In fact, I feel like part of what I'm being paid for here is my loyalty. But if there were somewhere else that valued loyalty more highly, I'm going wherever they value loyalty the most. " --Dwight K Schrute (The Office)

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                        • #13
                          Originally posted by wirefire2 View Post
                          You're getting off base. The original post only mentioned a note being added, not a charge. If you are charged for one crime but you really committed another then yes it would have to be re-filed. But simply adding a fact, and it was something you didn't receive a citation for, doesn't automatically result in a dismissal.

                          Also a stop sign is a traffic control device.



                          Lets try to avoid these meaningless fodder posts. mmmmmk?
                          wow your intelligent response really makes me wonder if your really a peace officer. Most likely a fake. Rolling my eyes
                          "Ask not what your country can do for you - ask what you can do for your country." President John F. Kennedy

                          Comment


                          • #14
                            Originally posted by 3rd_Watch View Post
                            wow your intelligent response really makes me wonder if your really a peace officer. Most likely a fake. Rolling my eyes
                            And your grammar makes me wonder about you.

                            Comment


                            • #15
                              My notes are always on the back of the rear citation. We have three copies, the top goes to court, the middle to the person getting the cite and the third stays at the station for your records. The rear of the third copy has a place for notes and a diagram. I would not write notes on the front of the cite unless it was "construction zone" or "school zone". Something that would be important to the court.

                              If I have a mistake on the face of the citation I have to fill out a form to change it and notify the person who received the ticket of the change by mailing a copy of the form I filled out to them.

                              Comment

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