Legal Question in Traffic Law in Ohio

reckless operation based on complaint

My son was issued a reckless operation ticket based on a civilian complaint, this happened in a school parking lot. Based on the lack of physical edvidence as stated in the police report, I decided to do some research on this.

The ticket was issued two days after the supposed incident. The ticket was was issued by a teacher/off duty cop after overhearing another teacher complain about my son knocking over a traffic cone and driving to fast. My son admits to dumping the cone but denies speeding as stated in the report. The evidence supports his story. Based on the speed description there would be (admittedly by the police) tire marks and/or thrown gravel in the parking lot and there was none, I took pictures.

My question as how legal is it to issue a ticket this extreme, based on a another persons perception. I have been told this is against the law(since not witnessed by an officer) and a civil suit on our part should follow this.


Asked on 4/28/09, 8:12 pm

1 Answer from Attorneys
Edward DiCato Edward DiCato Attorney at Law

Re: reckless operation based on complaint

The first thing to do is set the case for trial. Once the traffic case has been litigated, the disposition will determine the possibility of a civil lawsuit. Feel free to contact me if you wish to discuss further. Best regards, Edward DiCato

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Answered on 4/29/09, 8:20 am


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