The Ohio Traffic Rules are short and do not cover every situation. This page explains what rules apply when the Traffic Rules say nothing about a step in your case. It also explains how courts have handled one common gap: changing (amending) the charge on a traffic ticket.
Traffic Rule 20 says that if the Traffic Rules do not specifically prescribe a procedure, "the Rules of Criminal Procedure and the applicable law apply." (Traf.R. 20)
So when the Traffic Rules are silent, look next to the Ohio Rules of Criminal Procedure (the "Criminal Rules").
Criminal Rule 57(B) says that if no rule prescribes a procedure, the court may proceed in any lawful manner consistent with the Criminal Rules, and "shall look to the rules of civil procedure and to the applicable law if no rule of criminal procedure exists." (Crim.R. 57(B))
This is a ladder, not a menu. You do not get to choose the Civil Rules because they suit you better. The order is:
the Traffic Rules,
then the Criminal Rules,
then, only if no Criminal Rule covers the point, the Civil Rules and the applicable law.
Example: Cases heard by a magistrate. The Traffic Rules now cover this directly. Traffic Rule 14(C) says magistrate proceedings are conducted under Criminal Rule 19, so the Civil Rule on magistrates (Civ.R. 53) does not govern traffic cases. Older court decisions that used Civ.R. 53 for traffic cases were decided before that change. See the magistrates page. (Traf.R. 14(C))
Criminal Rule 57(A) and Traffic Rule 19 allow courts to adopt local rules that are consistent with the Supreme Court's rules and filed with the Supreme Court. Criminal Rule 57(A)(2) says local rules are adopted after notice and a chance for public comment, except in urgent cases. Check your court's local rules. (Crim.R. 57(A); Traf.R. 19)
The Traffic Rules have no rule on amending a ticket, so Criminal Rule 7(D) applies through Traffic Rule 20. Ohio appeals courts have said so. (Cleveland Heights v. Perryman, 8 Ohio App.3d 443 (1983); Middletown v. Blevins, 35 Ohio App.3d 65 (1987); Tiffin v. Ruden, 46 Ohio App.3d 138 (1988))
Under Criminal Rule 7(D):
The court may amend a complaint before, during, or after trial to fix a defect or a variance with the evidence, but only if the amendment does not change the name or identity of the crime charged.
If the amendment changes the substance of the complaint, you are entitled to a reasonable continuance (more time), unless it clearly appears you were not misled or prejudiced.
What the cases show:
In Perryman, the court said ticket complaints can be amended to cure defects more readily than felony indictments, as long as the defendant still has a reasonable opportunity to prepare a defense. The amendments there were upheld.
In Blevins, changing a charge from DUI to failure to maintain reasonable control changed the identity of the offense, so the amendment was not allowed and the conviction was reversed.
In Tiffin, an amendment made during closing argument did not give the defendant a fair chance to prepare and did not simply clarify the original charge. The conviction was reversed.
These are appeals court decisions from the 1980s. Check for newer decisions in your appellate district before relying on them.
If the prosecutor asks to amend your ticket, ask the court whether the amendment changes the name or identity of the offense, and ask for a continuance if you need time to prepare.
When you are unsure which rule covers a step, start with the Traffic Rules, then the Criminal Rules.
Rules change. This page summarizes the rules and links to the official text. If this summary and the official text differ, the official text controls.
Ohio Rules of Criminal Procedure, Rules 7(D), 19 and 57 (official PDF)
City of Cleveland Heights v. Perryman, 8 Ohio App.3d 443 (1983)
Last verified: 2026-10-13