Legal Question in Criminal Law in Ohio

Misdemeanor charge for running red light hitting a car and causing injuries?

A court judge issued misdemeanor charge and fined a driver $50 for running through a red light, hitting another car and causing injuries to the other driver. It was the City vs. this driver (defendant). A court hearing was first rescheduled at the request of the cited driver or defendant's attorney who said they were to bring witnesses. The time of the hearing was changed again (one hour and a half ahead of the origionally scheduled time) on the day for the rescheduled hearing. Two witnesses for the city, including the victim, did not know the change. One witness for the city was contacted and told that the defendant and his lawyer had decided to plea guilty instead of going through trial (appearing to have no witness). The witness was able to get there while the trial continued. However, this witness was told to wait outside of the court room. When the trial was over, the witness was told that the defendant plead no contest and paid fine. Is there something wrong with this process? (The prosecutor has the witness' statment and evidence of car damage,etc. and should have shown to the judge assumingly.)


Asked on 2/28/07, 11:03 pm

1 Answer from Attorneys
David Davies Law Office of David H. Davies

Re: Misdemeanor charge for running red light hitting a car and causing injuries?

The events you described are not uncommon. Often the person charged will plead not guilty and ask for a trial. After the attorney sees the police reports and talks to the prosecutor it may be determined that the City will be able to prove their case and the defendant will agree to change his plea.

The person charged with a traffic offense always has the right to plead no contest rather than guilty. That is usually done with the understanding that the Court is going to make a finding of guilty and the punishment is the same as if he did plead guilty. The no-contest plea cannot be used against the defendant in a civil case. In other words, if the person who caused the accident is sued by the person who was injured and the injured party asks "isn't it true that you admitted that you were at fault by pleading guilty to the traffic offense?" he can say "No, I did not plead guilty!"

This does not mean that he is going to ba able to avoid paying for the damage and injuries. You don't need the traffic case to pursue the civil damages. If you have more questions about this feel free to call and I will be happy to discuss this in more detail. No charge or obligation for the confidential telephone conference!

Good Luck

DHD

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Answered on 3/01/07, 1:11 pm


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