Legal Question in Traffic Law in Ohio
Can an officer change a ticket hes issued you?
My stepdad has poor hearing and speaks little english... He got pulled over for running a yellow/red light, and didnt notice the officers immediately because it was day time and they were on a bike. he stopped as soon as he did, but was in the middle of traffic. Officers came up and he tried telling them he'd pull over to the parking lot away from all the traffic.
He recieved a ticket for running a red light, not yielding to an emergency vehicle, and failure to obey officer orders?
At first the officer wrote all three things on the ticket, but then after two failed attempts they caught him at home at his house after work and made him sign another new ticket. One that only had the first 2 infractions that didnt require a court appearance, and then another ticket for "not obeying officer orders?" that requires him to go to court. What im pissed about is that he told them he wasnt sure what they were asking him to sign (again bad hearing and doesnt speak much english) and after being told 5 times, he signed what they brought to the house....
I dont know why they made him sign something? and came to the house even, because "they" made a mistake on the first ticket. can they do that>????
He hasnt had a ticket in 10 years so im wondering how we handle this...
1 Answer from Attorneys
Yes an officer can amend a ticket he or she has issued. Based on what you said, the officer cited him for the three offenses. The first two you can just pay the ticket, but the failure to obey an officer's orders requires him to appear in court. There could have been several reasons why they made the change. It could be the agency's policy that if there are both waiverable (can just pay the ticket) and non-waiverable offenses they are to put them on separate tickets. The officer made a mistake and then went back to fix it. It could also have been that the officer thought he was helping your father by allowing him to take care of two the charges without having to show up at court. Whatever the reason though, it is irrelevant.
When you sign a ticket, you are only indicating that you received a copy. You are not admitting guilt or making any statement about the validity of the charges or ticket. By signing the ticket the officer brought to the house, your father only indicated that he received a copy of the ticket.
I hope this answered your questions. If you have any additional questions or would like to talk more in detail about the situation, feel free to contact me.
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