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  #1  
Old 07-28-2004, 02:45 PM
zen_master
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Unhappy

Written Not Guilty Plea under Ohio State law??


I'm from NY state...got a ticket from Ohio while traveling back to my house from Chicago...

I traveled 82mph under 65mph zone while i was passing another vehicle....AND, i was actually following the traffic that was 80 mph..

ok, to get some information, i just talked to the prosecutor office in Oberlin, OH....and there's a problem with the written not guilty plea due to Ohio state law....

for those of you in california, u already got all of that you need..
Quote from a sample of letter asking for Trial by Written Declaration:

Quote:
I hereby waive arraignment pursuant to Section 40519(b) of the California Vehicle Code and plead Not Guilty to violating CVC __________________.

I request a Trial by Written Declaration pursuant to CVC 40902. I have enclosed a check for bail as required.
Section 40519(b) --> this is what i don't have from Ohio vehicle law..

there's none that says that I can represent myself by doing a Trial by Written Declaration under Section 40519(b)....

on Ohio law, there's only these options:
1. plead guilty
2. plead not guilty and come to the court
3. plead not guilty and hire an attorney to represent you (i.e truck driver from CA)
4. plead not guilty and hire an attorney to do the Trial by Written Declaration.

man**************...there's none that says that I, as the defendant can do it by myself**************..... *SIGH*

from what i talked with the prosecution office, it seems like even though i send the letter asking for Trial by Written Declaration, the judge will ask me to come to the court OR hire an attorney.

can you guys help me to find Section 40519(b), Trial by Written Declaration pursuant law in Ohio state?

THANX!
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  #2  
Old 07-28-2004, 07:43 PM
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Join Date: May 2003
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To my knowledge California is the only state that allows a Trial by Declaration. Most states do allow you to enter a not guilty plea by mail and then they advise you of your court date.

I assume that you have a CDL license. Then you need to be aware that this is classified as a serious violation and your license is suspended if you receive two serious vioaltions in three years. It is retroactive to previous tickets.
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  #3  
Old 07-28-2004, 11:45 PM
zen_master
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what is a CDL license?

I'm just a regular driver....driving honda civic....this is my first ticket after 2 years of driving...

oh sighhhhhhhhh**************..

i guess there's no way for me to fight this ticket.....unless i wanna go back to Ohio...

is there any other advices?
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