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Ohio
Motion to Dismiss Traffic Citation

Ohio Motion to Dismiss Traffic Citation

Category:

Criminal - Motions

State:

Multi-State

Control #:

US-03341BG

Format:

Instant download

Description

It is important to understand exactly what the prosecutor will have to prove should you take the ticket to trial. You can start by looking up the citation statute or ordinance number located on the face of your ticket. Every traffic infraction can be broken down into what lawyers call elements: things that must all be proven in order for a judge to find you guilty. Two elements are:

" Where you were ticketed; and
" Your unlawful action, such as going 50 MPH in a 30 MPH zone.

The prosecution will have to prove each element of the infraction.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Motion To Dismiss Traffic Citation?

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FAQ

This rule is to provide all parties in a criminal case with the information necessary for a full and fair adjudication of the facts, to protect the integrity of the justice system and the rights of defendants, and to protect the well-being of witnesses, victims, and society at large.

If the evidence shows the defendant is not guilty of the degree of crime for which the defendant was convicted, but guilty of a lesser degree thereof, or of a lesser crime included therein, the court may modify the verdict or finding ingly and shall pass sentence on such verdict or finding as modified.

RULE 14. (B) A court may refer nonjury traffic cases to a magistrate. If the offense charged is an offense for which imprisonment is a possible penalty, the case may be referred only with the unanimous consent of the parties, in writing or on the record in open court.

Any party may move to strike the third-party claim, or for its severance or separate trial. If the third-party defendant is an employee, agent, or servant of the third-party plaintiff, the court shall order a separate trial upon the motion of any plaintiff.

Here are a number of options: Contest the officer's evidence. Provide just reason for speeding or violating another traffic law. Prove incorrect information on the ticket. Defend yourself in court if the officer doesn't show up. Prove you're enrolled in a driving course.

The summons shall be in the same form as the warrant, except that it shall not command that the defendant be arrested, but shall order the defendant to appear at a stated time and place and inform the defendant that he or she may be arrested if he or she fails to appear at the time and place stated in the summons.

The first step in disputing your traffic ticket is to show up to the arraignment or hire an attorney to go for you. You may plead guilty, not guilty or no contest at the arraignment. A plea of no contest means that you do not dispute the violation, but would like to have the judge hear your version of events.

By pleading not guilty, you will avail yourself of the opportunity to receive a negotiation concerning the issued charge. Therefore, in most instances, it is recommended that you plead not guilty upon receiving a traffic citation. Speeding cases are fairly technical in nature.

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