COMMENT: Ohio Traffic Rule 20 is presented here because it is important to know that if the Traffic Rules do not prescribe a court procedure, then the criminal and civil rules may be used for the procedure desired. See Criminal Rule 57.
Ohio Traf. R. 20 (2011)
Traffic Rule 20. Procedure not otherwise specified
If no procedure is specifically prescribed by these rules, the Rules of Criminal Procedure (Rule 57) and the applicable law apply.
HISTORY: Effective January 1, 1975.
NOTES: Notes to Decisions
Amendment to ticket
The amendment to traffic ticket complaints is governed by CrimR 7(D); however, amendment should be allowed only if the defendant still has a reasonable opportunity to prepare his defense and the amendment simply clarifies or amplifies in a manner consistent with the original complaint: Tiffin v. Ruden, 46 Ohio App. 3d 138, 546 N.E.2d 223, 1988 Ohio App. LEXIS 1206 (1988).
Criminal Rules
Criminal Rule 7(D) applies to the amendment of a traffic complaint: Middletown v. Blevins, 35 Ohio App. 3d 65, 519 N.E.2d 846, 1987 Ohio App. LEXIS 10532 (1987).
Since the Ohio Traffic Rules direct that "the Rules of Criminal Procedure and the applicable law apply" whenever the Traffic Rules fail to provide specified procedures, CrimR 7(D) governs amendments of traffic ticket complaints: Cleveland Heights v. Perryman, 8 Ohio App. 3d 443, 457 N.E.2d 926, 8 Ohio B. 567, 1983 Ohio App. LEXIS 10983 (1983).
Objections to referees' reports
Absent any other provision in the Criminal Rules or Traffic Rules, the fourteen-day period provided for in CivR 53(E)(2) applies to the filing of objections to the reports of referees in traffic cases: State v. Crandall, 9 Ohio App. 3d 291, 460 N.E.2d 296, 9 Ohio B. 538, 1983 Ohio App. LEXIS 11069 (1983).