I crashed my car in a bar parking lot. I took the breathalyser and failed. Admitted what I did.
I went to court but the cop never turned in his portion of the ticket. The judge said he has to re issue the ticked before I can be sentenced , but it is not my obligation to find him to get it. How long does he have to re issue the ticket to me?
Generally, the statute of limitations for minor misdemeanors is six months and for other misdemeanors is two years (Revised Code 2901.13, http://codes.ohio.gov/orc/2901.13). Your speedy trial rights may or may not have started, which is thirty days for minor misdemeanors, forty-five days for third and fourth-degree misdemeanors, and ninety days for first and second-degree misdemeanors (Revised Code 2945.71, http://codes.ohio.gov/orc/2945.71). Both physical control charges and OVI charges are generally first-degree misdemeanors, unless there is a record with several prior OVIs.
It is unclear what the officer did not turn in. If you were cited with an OVI, you were probably placed under an administrative license suspension. Courts have held that those license suspensions should be vacated if the police do not turn in their paperwork (BMV Form 2255) timely.
The irregularities in your case might become helpful for you, but to take advantage of those irregularities and assert your rights, you should contact an experienced OVI attorney immediately.
My answers and responses are not legal advice and should not be relied upon for your individual situation. My responses and answers are provided solely for general discussion purposes, not tailored to your specific situation, and are made without sufficient information from you to address your individual situation. My responses and answers here do not create an attorney-client relationship with myself, Sivinski Law Offices, or any of its attorneys unless and until such time that a consultation has occurred and an engagement letter has been agreed to.
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