Traffic Rule 11 Defenses
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Ohio Traffic Rule 11 may be used to file Pleadings and Motions before Plea and Trial
Ohio Traffic Rule 11 may be used to file Defenses and Objections. This is similar to a civil case when you can counter-sue and state your affirmative defenses.
TrafR 11(A) states that; "Defenses and objections shall be raised before plea and trial by motion to dismiss or to grant appropriate relief."
This rule requires you to raise any defenses and/or objections regarding the matter at hand BEFORE plea and trial. It must be done by a motion to dismiss filed with the Court, so that the Court after hearing your defense and objection may grant appropriate relief.
TrafR 11(B) is used to let the Court know what are the specific Defenses and Objections regarding the matter at hand.
Use Traffic Rule 11(B) BEFORE pleading and list your Defenses and Objections.
Defenses and Objections that can be used are listed in Traffic Rule 11(B). But the Defenses and Objections MUST be raised BEFORE pleading.
If you have ever been to a traffic arraignment it is not possible to Object and make your Defenses, because at arraignment the only procedure before the Court is for you to plead. So you must file a Motion to Dismiss based on the DEFECTS of the procedure used that brought you before the Court to plead.
TrafR 11(B)(1) plainly states that Defenses and Objections MUST be raised BEFORE plea.
And what are the Defenses and Objections?
TrafR 11(B)(1)(a) Defenses and objections based on defects in the institution of the prosecution.
So look at the procedure used by the Officer, Clerk of Court and the Court when they started (institution) your prosecution for the charged offense.
What are the defects in the process?
How was this prosecution started (instituted)?
And what are the defects in the way it was started (instituted)?
Question: Did the Clerk mail you a summons to appear?
Answer: In most cases, the police officer gave you (served) a traffic ticket which is considered a summons and complaint under the Traffic Rules.
Comment: In a civil case, normal process would require that the complaint gets filed with the Clerk of Court, the Clerk thereafter mails the Defendant a copy of the summons and complaint which requires an answer within 28 days.