State v. McKittrick, 2011 Ohio 5899

Appellant McKittrick was convicted in Fairfield County Municipal Court of driving while intoxicated (ODI) under R.C. 4511.19(A)(1)(a).
The arrest occurred February 6, 2011 in Millersport; hospital detention delayed service of citation.
A Uniform Traffic Ticket citing R.C. 4511.19(A)(1)(a) was filed February 24, 2011 and personally served March 2, 2011; arraignment set for March 9, 2011.
A bench warrant was issued March 10, 2011 for failure to appear at arraignment; Lancaster Police Department involved though arrest occurred in Millersport.
Appellant was arrested April 4, 2011, pleaded not guilty, and trial proceeded; a second complaint (blood alcohol 0.196 g%) was filed May 12, 2011 adding an additional charge under R.C. 4511.19(A)(1)(f).
Trial on May 17, 2011 resulted in a guilty verdict for OVI; the court concluded the speedy-trial period had tolled and remained within the 90-day limit.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court had jurisdiction due to a defective complaint	McKittrick argues Traf. R. 3 requires a proper complaint/affidavit.	State contends a valid Uniform Traffic Ticket was filed and validly served.	Jurisdiction proper; ticket satisfied Traf. R. 3; first assignment overruled.
Whether failure to appear tolled speedy-trial time	McKittrick contends tolling improper due to non-worked warrant by Lancaster.	State asserts tolling applied for failure to appear and related delays, properly counted.	Speedy-trial time tolling valid; 27 days subtracted; 73 days charged; within 90-day limit; second assignment overruled.

Barberton v. O’Connor, 17 Ohio St.3d 218 (Ohio 1985) (comapliant notice sufficiency under Traf. R. 3)
State v. Hoerig, 181 Ohio App.3d 86 (Ohio App.3d 2009-Ohio-541) (de novo review of complaint validity)
New Albany v. Dalton, 104 Ohio App.3d 307 (Ohio App.3d 1995) (validity of complaint under Traf. R. 3)