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wrong ordinace on ticket

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hay3120

Junior Member
What is the name of your state? ohio
recently i was pulled over for "shortcutting" a light. I pulled into a gas station that i thoiught was still open (lights on inside). i pulled into an enterance about 50 yards from the intersection drove behind the gas station and up the side. when i got to the front of the building i noticed it was closed ( the light on was a security light). so i went to the convenient store across the street. as i was about to get out of the car the officer pulled behind me and after listening to what i was actually doing he still wrote me a ticket. one of his reasons was for my past driving record. ive had a few speeding tickets in the PAST (key word) what ever happened to innocent untill proven guilty, and guilty of past offenses doesnt prove guilt everytime, right? but, since i was unaware it was illegal to drive through a parking lot of a buiseness thought to be open, i looked up the ordince writen on the ticket. it was the wrong ordince and it was for right turn on red. since he pulled me over for shortcutting and he wrote shortcutting on the ticket but wrote the wrong ordinace is that enough to get the ticket thrown out?
 


seniorjudge

Senior Member
Q: is that enough to get the ticket thrown out?

A: Here is one way to find out. Ask for a jury trial. After the jury is sworn in and the prosecution calls the first witness, stand up and move for dismissal on the grounds you are being tried under the wrong law.

Tell the court that jeopardy has attached. (Google that phrase.)
 

Zigner

Senior Member, Non-Attorney
Q: is that enough to get the ticket thrown out?

A: Here is one way to find out. Ask for a jury trial. After the jury is sworn in and the prosecution calls the first witness, stand up and move for dismissal on the grounds you are being tried under the wrong law.

Tell the court that jeopardy has attached. (Google that phrase.)
But...what if it's an "infraction"?
 

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