Ohio Traf. R. 3

As amended through October 15, 2024

Rule 3 - Complaint and Summons; Form; Use

(A) Traffic complaint and summons. In traffic cases, the complaint and summons shall be the "Ohio Uniform Traffic Ticket" as set out in the Appendix of Forms.

(B) Traffic complaint and summons form. The Ohio Uniform Traffic Ticket shall consist of four sheets, padded together and bound at the top or bottom edge. Each sheet shall be four and one-fourth inches in width and nine and one-half inches in length from a perforation below the binding to the bottom edge. The first sheet shall be white and the second sheet shall be canary yellow. Where an additional copy is needed by an agency, it may be added. The first and second sheets shall be at least fifteen pound paper.

The first sheet shall be the court record.

The second sheet shall be the abstract of court record for the Bureau of Motor Vehicles as required by section 4507.021 of the Revised Code. The second sheet may be omitted from the Ticket if the court reports violations to the Bureau by electronic or other means acceptable to the Bureau.

The third sheet shall be the defendant's copy.

The fourth sheet shall be the enforcement agency record.

A wrap-around may be added to the first sheet. The issuing authority may use the front and back of the wrap-around for any data or information it may require.

Each ticket sheet shall be perforated tab bound at the edge or end with carbon paper interleaved so that all carbon paper is securely bound to the tab and removable with it, or shall be on treated paper so that marking from the top sheet is transferred legibly to successive sheets in the group.

(C) Use of ticket. The Ohio Uniform Traffic Ticket shall be used in all moving traffic cases, but its use for parking and equipment violations is optional in each local jurisdiction. Any ticket properly issued by a law enforcement officer shall be accepted for filing and disposition in any court having jurisdiction over the offense alleged. An officer may include more than one alleged violation on a single ticket provided the alleged violations are numbered sequentially on the face of the ticket. An officer who completes a ticket at the scene of an alleged offense shall not be required to rewrite or type a new complaint as a condition of filing the ticket, unless the original complaint is illegible or does not state an offense. If a new complaint is executed, a copy shall be served upon defendant as soon as possible.

(D) Issuance of tickets to enforcement agency. The judge in a single-judge court, and the administrative judge in multi-judge courts, shall designate the issuing authority for tickets and prescribe the conditions of issuance and accountability. The issuing authority may be the clerk of the court, the violations clerk, or the enforcement agency of the municipality.

When a single enforcement agency, except the State Highway Patrol, regularly has cases in more than one court, the ticket used by the agency shall be issued through the court for adults in the most populous area in the jurisdiction of the agency. Tickets used by the State Highway Patrol shall be issued by the Superintendent of the State Highway Patrol.

(E) Duty of law enforcement officer.

(1) A law enforcement officer who issues a ticket shall complete and sign the ticket, serve a copy of the completed ticket on the defendant, and, without unnecessary delay, file the court record with the court. If the issuing officer personally serves a copy of the completed ticket on the defendant, the issuing officer shall note the date of personal service on the ticket in the space provided. If the issuing officer is unable to serve a copy of the completed ticket on the defendant, the completed ticket may be served by another law enforcement officer of the law enforcement agency issuing the ticket or filed with the clerk of the court for issuance of a warrant or summons pursuant to Crim. R. 4. Tickets that solely allege one or more minor misdemeanor violations must initially be issued by summons.

(2) The officer shall notify defendant that if defendant does not appear at the time and place stated in the citation or comply with division (C) of section 2935.26 of the Revised Code, defendant's license will be cancelled, defendant will not be eligible for the reissuance of the license or the issuance of a new license for one year after cancellation, and defendant will be subject to any applicable criminal penalties.

(F) Use of Electronically Produced Tickets.

(1) Local rules adopted by a court pursuant to the Supreme Court Rules of Superintendence for the Courts of Ohio may provide for the use of a ticket that is produced by computer or other electronic means. A ticket produced by computer or other electronic means shall not require the signature of the defendant. A ticket produced by computer or other electronic means shall conform in all substantive respects to the "Ohio Uniform Traffic Ticket" set forth in the Appendix of Forms. The provisions of division (B) of this rule relative to the color and weight of paper, size, and method of binding shall not be applicable to a ticket that is produced by computer or other electronic means. The ticket paper shall be of sufficient quality to allow the court record copy to remain unchanged for the period of the retention schedule for the various traffic offenses as prescribed by Rule 26.05 of the Rules of Superintendence for the Courts of Ohio. The court record of the ticket shall be filed with the court or may be filed electronically as authorized by local rule and division (F)(2) of this rule.

(2) Local rules adopted by a court pursuant to the Supreme Court Rules of Superintendence for the Courts of Ohio may also provide for the filing of the ticket by electronic means. If a ticket is issued at the scene of an alleged offense, the local rule shall require that the issuing officer serve the defendant with the defendant's paper copy of the ticket as required by division (E) of this rule. A law enforcement officer who files a ticket pursuant to divisions (F)(1) or (F)(2) of this rule and electronically affixes the officer's signature thereto, shall be considered to have certified the ticket and shall have the same rights, responsibilities, and liabilities as with all other tickets issued pursuant to these rules.

Ohio. Traf. R. 3

Effective:1/1/1975; amended effective 8/4/1980;2/26/1990;11/28/1990;6/1/1992,2/1/2002;10/1/2006;5/1/2008;1/1/2010;1/1/2014;7/1/2014.

Staff Note

(January 1, 2014 Amendments)

The amendments to division (F)(1) and (2) are intended to clarify the signature requirements for the electronic filing of traffic tickets yet retain the uniform substance of the tickets. Although the amendments make it clear that the signature of the defendant is not necessary, the amendment to division (F)(2) added language setting forth the law enforcement officer's signature obligation. The phrase "electronically affixes the officer's signature thereto" may include a cursive signature, officer's unit number, or a typed name applied by computer or other electronic means.

Traffic Rules Review Commission

Commentary (October 1, 2006 Amendment)

The October 1, 2006 amendment added language to division (E)(1) to provide an alternative means of serving the defendant with a completed traffic ticket. At least one trial court and three courts of appeal have held that former Traf. R. 3(E) and the Uniform Traffic Ticket, when read together, require a law enforcement officer who issues a traffic citation to personally serve the defendant with a copy of the citation. See Akron v. Detweiler (1978), 54 Ohio Misc. 5, 6; Oregon v. Fox (Jan. 21, 1983), Lucas App. No. L-82-317; State v. Campbell, 150 Ohio App. 3d 90, 2002-Ohio-6064; and Columbus v. Ford, 2004-Ohio-5715. Although personal service is easily accomplished when a typical traffic citation is issued, compliance is difficult in "hit-skip" cases and other situations where the offender is not cited at the time of the violation or in cases where the defendant resides outside the jurisdiction in which the offense occurred.

The amendment to division (E)(1) retains the requirement that the issuing officer serve the ticket and, together with the Uniform Traffic Ticket, contemplates that service will be made personally in the majority of cases by the issuing officer. However, if the issuing officer is unable to personally serve the ticket on the defendant, service may be accomplished through issuance of a warrant or summons pursuant to Rule 4 of the Ohio Rules of Criminal Procedure.

Commentary (February 1, 2002 Amendment)

The February 1, 2002 amendment added division (F) to authorize the use of traffic tickets that are produced by computer or other electronic means and the adoption of local rules relative to the electronic filing of traffic tickets. The intent of division (F)(1) is to retain the uniform substance of traffic tickets produced by jurisdictions throughout Ohio from the standpoint of the layout and content of the ticket, but recognize that electronically generated tickets need not comply with certain requirements applicable to traditional printed forms of traffic tickets. In developing electronic traffic tickets, courts, clerks, and law enforcement agencies should ensure that the electronic ticket comports as closely as possible to the Uniform Traffic Ticket contained in the Appendix of Forms

The amendment to add division (F)(2) is based on a recommendation from the Digital Signatures Committee of the Ohio Judicial Conference. The amendment authorizes the adoption of local rules, consistent with standards contained in the Rules of Superintendence, relative to the electronic filing of traffic tickets. The amendment requires that the defendant be provided a paper copy of the ticket and states the issuing officer's responsibility with respect to issuance of an electronically filed ticket.

Traffic Rules Review Commission Commentary (February 1, 2002 Amendment)

The February 1, 2002 amendment added division (F) to authorize the use of traffic tickets that are produced by computer or other electronic means and the adoption of local rules relative to the electronic filing of traffic tickets. The intent of division (F)(1) is to retain the uniform substance of traffic tickets produced by jurisdictions throughout Ohio from the standpoint of the layout and content of the ticket, but recognize that electronically generated tickets need not comply with certain requirements applicable to traditional printed forms of traffic tickets. In developing electronic traffic tickets, courts, clerks, and law enforcement agencies should ensure that the electronic ticket comports as closely as possible to the Uniform Traffic Ticket contained in the Appendix of Forms

The amendment to add division (F)(2) is based on a recommendation from the Digital Signatures Committee of the Ohio Judicial Conference. The amendment authorizes the adoption of local rules, consistent with standards contained in the Rules of Superintendence, relative to the electronic filing of traffic tickets. The amendment requires that the defendant be provided a paper copy of the ticket and states the issuing officer's responsibility with respect to issuance of an electronically filed ticket.

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