3 speeding ticket in 12 months, officer did not mark that it a 3rd offense or check box that required a court date, what next?

Asked almost 5 years ago - Marietta, OH

Washington County, Ohio. I was pulled over for speeding at 72 mph in what I thought was 65mph but in fact 55mph. The officer told me that it was my 3rd offense in 12 months but that he was not going to write that on the ticket, and that he would not check the box that states my case can no longer be processed by the violations bureau so that I may have a chance to get out of going to court. I contacted the court which stated that since the officer did not note what number offense it was that I would have to pay the fine for a first time offender. The problem is that when I pay this fine I have to sign the ticket admitting that I did not know I had 2 other violations in the last 12 months which is not true. However, I would like to avoid going to court at all costs. What are my options?

Attorney answers (2)

  1. Heather Lynn Keck

    Contributor Level 8

    Answered . If the officer did not allege the prior offenses, then you are not being charged with the enhanced penalties. I am unsure what language on the ticket states that you "didn't know you had 2 other violations". It may just say that you admit that the allegations in the ticket are true. If you admit that you were going 72 mph in a 55 mph zone, then feel free to pay the ticket without worrying that you are falsifying anything. Is there other language on the ticket that specifically states that you were not aware of the priors?

  2. Catherine Ann Drees

    Pro

    Contributor Level 13

    Answered . I have found courts which will allow a defendant to plead to a first dui with lesser sanctions. However, the Department of Motor Vehicles uses computers. If the computer sees the other dui's it will still suspend the license for the correct enhancement. Instead of six months suspension, you mught receive a five year suspension.
    This is something you must weigh carefully. If you plead will you recieve a point suspension? Has anyone told you about point suspensions? Consult with a traffic attorney to get the advice. Never ever rely on the word of a clerk. They are not lawyers and they make a lot of mistakes because they do not have the same info as the dl bureau.

Related Topics

First DUI

While first DUIs generally have much lighter sentences, they can still have significant indirect effects, such as increased insurance rates.

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