Which Rules of Court to Use

The Ohio Traffic Rules make no specific provision for the amendment (changing) of a ticket complaint.

The same rules also direct that; "the Rules of Criminal Procedure and the applicable law apply" to be used whenever "no procedure is specifically prescribed by these [traffic] rules." See Traf. R. 20.

The rule governing amendments of a traffic ticket/complaint is thereby established as Crim. R. 7(D):

"The court may at any time before, during, or after a trial amend the indictment, information, complaint or bill of particulars, in respect to any defect, imperfection, or omission in form or substance, or of any variance with the evidence, provided no change is made in the name or identity of the crime charged.

If an amendment is made to the substance of the indictment, information or complaint, or to cure a variance between the indictment, information or complaint and the proof, the accused is entitled to a discharge of the jury on his motion, if a jury has been impaneled, and to a reasonable continuance, unless it clearly appears from the whole proceedings that he has not been misled or prejudiced by the defect or variance in respect to which the amendment is made, or that his rights will be fully protected by proceeding with the trial, or by a postponement thereof to a later day with the same or another jury. * * *" (Emphasis added.), City of Cleveland Heights v. Perryman, 8 Ohio App. 3d 443 - Ohio: Court of Appeals 1983

Generally, if a traffic ticket is contested, the Ohio Traffic Rules apply. However;

Traffic Rule 20 says that; If no procedure is specifically prescribed by these rules (Traffic Rules), the Rules of Criminal Procedure and the applicable law apply.

Additionally;

Criminal Rule 57 says that; If no procedure is specifically prescribed by rule, (Criminal Rules) the court may proceed in any lawful manner not inconsistent with these rules of criminal procedure and shall look to the Rules of Civil Procedure and to the applicable law if no rule of criminal procedure exists.

COMMENT:

  1. The Ohio Traffic Rules apply first to any traffic matter.

  2. Then if based on the case circumstances there is no procedure available in the Traffic Rules the Rules of Criminal Procedure are used.

    • Discovery would be under the criminal rules because there are no traffic rules available for discovery.

    • Pursuant Traf. R. 20 and Crim. R. 57 and Crim. R. 16 Discovery and Inspection of Records is requested.

  3. Finally, if no procedure is available in the Criminal Rules, the Court shall use the Rules of Civil Procedure and any applicable law.