Legal Question in Traffic Law in Ohio
Subject: Speeding ticket - access to officer's notes.
My son received a speeding ticket in Adams County Ohio. The county court refuses to release a copy of the officer's notes which are written on the back of the ticket to me or my son. They said they would release the notes to a lawyer representing my son. This can not be legal. In fact he had one other moving violation in Butler County Ohio a year ago and that county faxed the notes to me. My son is representing himself and has the same rights to see the evidence against him as a lawyer representing him or an adult representing themselves. Is this legal and what can I do to obtain this information? If they don't give it to him before the trial, can he request that the case be dismissed because he was not presented with the evidence against him prior to trial? I am in a panic because the trial is tomorrow (Jan 6, 2006). Any help would greatly be appreciated.
1 Answer from Attorneys
Re: Subject: Speeding ticket - access to officer's notes.
He needs to deliver a signed letter to the prodecutor which reads as follows:
Dear Prosecutor,
This letter shall serve as a written request of Discovery under Criminal Rule 16(A). Please provide me with any and all information subject to disclosure in accordance with Criminal Rule 16(B) with regard to my case including but not limited to officer statements, notes, reports, and videotape footage from the police cruiser dash camera.
Thank you for your attention to this matter.
He has to comply with this under the rules of procedure.
--Tim Hess
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