auto accident, how long does police have to issue a traffic ticket for accident in state of OH

After being involved in several thousand legal cases all over the State of New York for the last twenty years I would says its not that unusual for an officer to take several days to file a report. In fact a client of mine told me last week that when he went to pick up the accident report at the police station the officer told him that he had to change some items on it so it would be a few more days.Look I guess you may be able to use it against the officer in court trying to defend yourself against the offenses but officers are given a lot of leeway. Look at the accident report for any inconsistencies or errors to better your defense. This may include having the wrong direction the vehicles were traveling, statements that were given but never found its way on the report and even missing traffic signals.

DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.

We practice law only in California. In California, the investigating agency may take a reasonable amount of time to complete its investigation. Traffic citations can sometimes be issued immediately but in other cases it may take days and even weeks. We've had police reports ready within one week and in other cases involving major accidents, it has taken an incredibly long six months.

If a traffic citation is eventually issued against you, you may be able to use the delay in your favor depending on the facts of your case. I've found that over time, witnesses tend to forget important details which can make it difficult for criminal charges to be successfully brought against you (the state has the burden of proof -- not you).

It is not your obligation to initiate contact with the police agency. If they are going to issue you a ticket, they will mail you a notice or have it personally delivered. If this does not happen, then consider yourself lucky.

The above information is provided for discussion purposes only. Jackson & Wilson, Inc. and its attorneys believe in helping people and answering their questions and providing information and solutions. To encourage and facilitate this practice, it is understood and agreed by the recipient that by opening, reading and viewing this information, no attorney-client relationship has been discussed, agreed to or otherwise established. In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!

Best Regards,

Jon Mitchell "Mitch" Jackson
Jackson & Wilson, Inc.
www.JacksonWilson.com

I want to add to the thought that the officer's report is key. I was recently given a neg. II ticket, with a fine twice the standard amount for that charge. What I actually did was take a photograph of the officer - who was standing on a bus stop bench in full uniform. I did this while parked in a public parking lot. However the officer had seen my vehicle drive past him two times prior to my parking and taking the photo. He was furious, came running at me screaming, thumped my car with his fist, called in back up etc.

Skipping all the aggro BS and the lies he told, I'll just say that, of course, I fought the ticket. When I was in front of the judge I was well prepared to point out the lies, the fact that the officer's own report did not specify any crime committed, nor even a hint of one, etc, but she stopped me, and said yes, there was nothing there at all and dismissed right there.

Now, his report did say I was "argumentative" but, considering he was threatening me with a taser, a massive fine, etc, and I knew I'd done nothing wrong, well then yes - If saying "No, Officer, that's not true" is argumentative, then that's what I was. However, that's not illegal.

Now that officer has a red warning note in the local copwatch file.

Point being: Get the officer's report, compare it to the charge and what is needed to prove the charge. If there is nothing in the report that would, if true, prove the charge, then that should be pretty easy to point out to a judge.

I am not a lawyer. I am not a law student. I am a member of Copwatch.