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Do I have a right to counsel in a magistrates court for a traffic violation

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Zigner

Senior Member, Non-Attorney
As a follow-on for traffic court: https://www.supremecourt.ohio.gov/LegalResources/Rules/traffic/Traffic.pdf

RULE 8. Arraignment

(D) Explanation of rights. Before calling upon a defendant to plead at arraignment
the judge shall cause him to be informed and shall determine that defendant knows and
understands:
(1) That he has a right to counsel and the right to a reasonable continuance in the
proceedings to secure counsel, and, pursuant to Criminal Rule 44, the right to have counsel
assigned without cost to himself if he is unable to employ counsel;
(2) That he has a right to bail as provided in Rule 4;
(3) That he need make no statement at any point in the proceeding; but any statement
made may be used against him;
(4) That he has, where such right exists, a right to jury trial and that he must, in petty
offense cases, make a demand for a jury pursuant to Criminal Rule 23;
(5) That if he is convicted a record of the conviction will be sent to the Bureau of
Motor Vehicles and become part of his driving record.
 


Rdstines

Junior Member
Why should I have been ticketed for handing the officer an expired card when I clearly had the correct card right behind it I just accidentally handed him the expired one which never left my wallet. What would be the reasoning in ticketing me for something I should never have been ticketed for. This whole entire system if you ask me is nothing less then legal extortion itself. They found a loophole and they found a way to do something illegal legally. Our system absolutely is one of the worst and I’m sure you will bring up Third World countries but we do not live in Third World country. We should be a more civilized group and understand the things do not have to be so damn difficult all the time. It was a minor mistake what I did and they have turned into this big huge mess For me and my family. I am so sick of the system. Sorry for my ranting
 

Zigner

Senior Member, Non-Attorney
Why should I have been ticketed for handing the officer an expired card when I clearly had the correct card right behind it I just accidentally handed him the expired one which never left my wallet. What would be the reasoning in ticketing me for something I should never have been ticketed for. This whole entire system if you ask me is nothing less then legal extortion itself. They found a loophole and they found a way to do something illegal legally. Our system absolutely is one of the worst and I’m sure you will bring up Third World countries but we do not live in Third World country. We should be a more civilized group and understand the things do not have to be so damn difficult all the time. It was a minor mistake what I did and they have turned into this big huge mess For me and my family. I am so sick of the system. Sorry for my ranting
You were NOT ticketed for not having valid registration. If you would have been ticketed for not having valid insurance, it would have been dismissed based upon you proving that you did, in fact, have valid insurance.

You GOT LUCKY on the license plate ticket, as mentioned above.
 

PayrollHRGuy

Senior Member
Why should I have been ticketed for handing the officer an expired card when I clearly had the correct card right behind it I just accidentally handed him the expired one which never left my wallet. What would be the reasoning in ticketing me for something I should never have been ticketed for. This whole entire system if you ask me is nothing less then legal extortion itself. They found a loophole and they found a way to do something illegal legally. Our system absolutely is one of the worst and I’m sure you will bring up Third World countries but we do not live in Third World country. We should be a more civilized group and understand the things do not have to be so damn difficult all the time. It was a minor mistake what I did and they have turned into this big huge mess For me and my family. I am so sick of the system. Sorry for my ranting
You accidently handed him the wrong card and he acted on what YOU gave him. He was nice and removed that when you showed him the correct card.

You broke the law. You got caught. You need to deal with the consequences.

If you can find an Ohio law that states there must be a reduced speed sign you can argue that in front of the judge and likely get the speeding ticket dismissed.
 

quincy

Senior Member
Why should I have been ticketed for handing the officer an expired card when I clearly had the correct card right behind it I just accidentally handed him the expired one which never left my wallet. What would be the reasoning in ticketing me for something I should never have been ticketed for. This whole entire system if you ask me is nothing less then legal extortion itself. They found a loophole and they found a way to do something illegal legally. Our system absolutely is one of the worst and I’m sure you will bring up Third World countries but we do not live in Third World country. We should be a more civilized group and understand the things do not have to be so damn difficult all the time. It was a minor mistake what I did and they have turned into this big huge mess For me and my family. I am so sick of the system. Sorry for my ranting
Some clarification please:

You were ticketed under a Higginsport speeding ordinance or a county speeding ordinance? How much is the fine? Were points assessed, a report to the DMV made, with this violation?
 

Zigner

Senior Member, Non-Attorney
Here is a link to Ohio's "reduced speed limit ahead" signs: http://www.dot.state.oh.us/Divisions/Planning/LocalPrograms/LTAP/Documents/Reduced_Speed_Limit_Ahead_Signs.pdf

These signs should be used when speed limits are to change by more than 10 mph.

You might have a good argument.
"Should", not "shall". Unfortunately for the OP, your link proves that a sign is not required. Advised? Yes, but there is no legal requirement for it. The standard only states how it must be used, "if used".
 

quincy

Senior Member
"Should", not "shall". Unfortunately for the OP, your link proves that a sign is not required. Advised? Yes, but there is no legal requirement for it. The standard only states how it must be used, "if used".
Right. It is guidance only. But it makes for a good argument.
 

Ohiogal

Queen Bee
n regards to the document with the check box that states I waved my right to counsel by signing the document. I never signed any documents stating that I would ever deny counsel. This was very misleading and upon going back to court without any counsel I was find and found guilty anyways because supposedly I had signed the document but they will not produce for me to see. Should they not have to produce a document and shouldn’t this be dismissed based on that fact. Thank you again for your help
Unless this is an M1 you are not entitled to counsel so by appearing YOU WAIVED counsel. If you are not facing 6 months in jail, you are not going to be appointed counsel. Have a great day.
 

quincy

Senior Member
If someone does not understand a ticket or believes the ticket they received is incorrect or undeserved, it can be a good idea to make a quick call to a local traffic lawyer BEFORE appearing in court to either pay the ticket or to challenge it. It is always harder to undo what has been done.
 

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