Legal Question in Traffic Law in Ohio

Seat Belt Law

I was pulled over for a seat belt violation back in May. Since I have a medical condition, I decided to fight the charge.(Unfortunately I didn't have the documentation with me when the state trooper pulled me over so I had to go to court.) When I went to court in June I pleaded not guilty, then the Judge set a court date for August. During the August court date, just before seeing the magistrate, the prosecuting attorney wanted to know if I wanted a plea bargain for the amount of $150. I said ''no'' because this was a medical condition and I shouldn't have to pay. I showed her the document from my chiropractor and she told me that you cannot help me due to the fact that she needs the chiropractor to testify in person. She offered me a deal to pay only court costs, $65, if I didn't go to court. I reluctantly agreed, knowing how much a chiropractor's testimony would cost me. Well when I got the bill, it came to $97. Paperwork, along with a subpoena

was charged to my court costs. So I have a few questions: were they allowed to charge me for a subpoena? I never received one. Since I have a medical condition, what good is a Dr's note if it doesn't hold up in court? If I am pulled over and have the excuse with me,will it even help?


Asked on 9/23/07, 2:56 am

1 Answer from Attorneys
Richard Cline Office of the Ohio Public Defender

Re: Seat Belt Law

The additional costs were court costs and those are routinely charged to the party who loses (you, since you pleaded guilty). The subpoena was issued to the officer, not you, and that is why you did not receive the subpoena. The medical excuse is intended to be shown to the arresting officer at the scene, so it will help you in the future. However, since you did not have it with you at the time, the officer did not know about it other than by what you said, and unfortunately, people lie to the police.

I disagree with the conclusion that the chiropractor would have to testify in person. I believe you could have testified yourself that you had a medical excuse and presented it to the Court.

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Answered on 9/24/07, 9:10 am


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