Brecksville v. Bickerstaff
2015 Ohio 5410
Ohio Ct. App.2015Background
- In July 2014 Bickerstaff was ticketed after passing a disabled vehicle and a stationary Brecksville police cruiser with lights activated; the handwritten description on the ticket described "failed to veer left or slow speed passing police cars w/ disabled motorist."
- The numeric ordinance citation on the ticket was incorrectly written as B.C.O. 337.27 instead of the correct B.C.O. 331.27 (which mirrors R.C. 4511.213).
- At trial the City notified the court of the clerical error and the court permitted the City to proceed and to correct the citation; Bickerstaff, pro se, did not object at trial.
- Officer Leigh testified that Bickerstaff passed at a high rate of speed in the lane adjacent to the disabled vehicle and did not move over or slow down; Bickerstaff was found guilty and fined $100 plus costs.
- On appeal Bickerstaff contended the court erred by permitting amendment/correction of the ordinance number on the traffic ticket.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a traffic ticket with an incorrect statute/ordinance number can be amended | City: clerical/numeric error may be corrected under Crim.R. 7(D) and Traf.R. 20 where identity of offense is unchanged | Bickerstaff: numerical error fatally defective and required dismissal | Affirmed: amendment permitted; error was clerical, did not change identity of the crime, and defendant was not prejudiced |
| Whether the amendment deprived defendant of notice or ability to prepare a defense | City: ticket description clearly notified defendant of the charged conduct | Bickerstaff: (argued lack of correct citation could mislead) | Court: original ticket gave notice; defendant had opportunity to prepare and did not object |
Key Cases Cited
- Cleveland v. Austin, 55 Ohio App.2d 215, 380 N.E.2d 1357 (8th Dist. 1978) (incorrect statutory reference on ticket is fatally deficient unless amended)
- Cleveland Hts. v. Perryman, 8 Ohio App.3d 443, 457 N.E.2d 926 (8th Dist. 1983) (same principle regarding ticket defects and amendments)
- N. Olmsted v. Greiner, 9 Ohio App.3d 158, 458 N.E.2d 1284 (8th Dist. 1983) (ticket must properly apprise offender of the statute violated)