Legal Question in Traffic Law in Ohio

Clerk Lost My Not Guilty Plea

After recieving a speeding ticket I entered a not guilty plea. Four days after entering the plea I recieved a failure to appear notice. When I called and asked why I recieved the failure to appear they stated I failed to enter any plea. After I told her I had a plea entry that had been time stamped on the morning of my court date she asked me to fax her a copy. Should I do this? Or leave them with the burden of finding the paperwork? Is there a time limit in which a case must be heard required by law?


Asked on 8/22/05, 11:21 am

2 Answers from Attorneys
Richard Cline Office of the Ohio Public Defender

Re: Clerk Lost My Not Guilty Plea

You should fax your copy of the form immediately. Even though you are correct when you say it is "their problem" to keep the paperwork straight, if you do not do this they will issue a warrant for your arrest. Eventually you will be able to prove that you should not have been arrested, but in the mean time you will spend time in jail for no reason. Who needs that hassle? Fax the form to the clerk.

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Answered on 8/22/05, 11:30 am
Daniel Dismuke Daniel K. Dismuke, Attorney at Law

Re: Clerk Lost My Not Guilty Plea

I would have to agree with Mr. Cline, it is best to fax the paperwork even if though it is their mistake.

In regards to the time limit, a speeding ticket is usually a minor misdemeanor which must be heard within 30 days of citation.

Respectfully yours,

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Answered on 8/22/05, 6:55 pm


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