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Officer incorrectly told me I had right to pay waiver

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ACrop

Junior Member
This took place in Columbus, OH.

On Nov 18th I was pulled over for supposedly violating Ohio's 4511.213 law which states one must change lanes or slow down when passing Emergency vehicles with lights on and stopped on side of highway. I was pulled over about a quarter of mile after passing officer. The officer issued me a citation and told me that I could waive my court date by mailing in the citation plus a $110 waivable fine. Instead of going to court I essentially pled quilty by sending in the $110. After about a week of not seeing this amount taken from my bank account, I called the Clerk of Courts and was told that my payment was rejected and I was supposed to go to court all along. Because the officer incorrectly told me that I had the right to pay via waiver my arraignment was cancelled and rescheduled for a later date.

My question is, how does the officer's mistake affect my options in court. Since I already pled guilty by sending in waiver should I now plead guilty, not guilty, or no contest. Is there any chance I can have this charge dismissed due to officer's error? Any advice is greatly appreciated!!
 


fairisfair

Senior Member
you can plead however you want to plead. The officer's error, or YOUR misunderstanding what you were told, will in no way effect the outcome.
 

ACrop

Junior Member
thanks for the response but I know for a fact that the ticket was check marked in the "waivable offense" area of the ticket so It WASN'T MY MISINTERPRETATION. Besides he gave me the specific form used to mail in payment. The officer clearly mistakenly told me it was a "waivable offense"
 

fairisfair

Senior Member
thanks for the response but I know for a fact that the ticket was check marked in the "waivable offense" area of the ticket so It WASN'T MY MISINTERPRETATION. Besides he gave me the specific form used to mail in payment. The officer clearly mistakenly told me it was a "waivable offense"
It still doesn't matter. That will be considered a "clerical" type of error and has no bearing on the ticket itself.
 

cepe10

Member
It may go to the compentancy of the state's only witness. If he is uniformed of the penal law he may be applying the transportation law incorrectly as well...

Since I can assume you did slow down, were his lights on?, were there cars in the fast lane beside you preventing you from moving?
 

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