In order to have personal service over a defendant in an OVI case, the court must be satisfied that the citation has been properly served pursuant to Ohio Traffic Rule 3(E). Toledo v. Williams, 1991 WL 3811 (Ohio Ct. App. 6th Dist. Lucas County 1991). Taffic Rule 3(E) requires that the officer who completes the complaint sign the ticket and serve the citation on the defendant. See City of Cleveland v. Trzebuckowski, 2002-Ohio-584 (Ohio Ct. App. 8th Dist. Cuyahoga County 2002), holding that the officer’s printing of his name instead of signing in cursive was sufficient to have satisfied the minimum requirements for completing a complaint under Traffic Rule 3(E). Mailing the complaint to a defendant is not sufficient. See Akron v. Detweiler, 54 Ohio Misc. 5, 8 Ohio Op.3d 216, 375 N.E.2d 824 (Muni. Ct. 1978). The Ohio Supreme Court has held that a change on an original ticket from a violation of R.C. 4511.19(A)(5) to a violation of 4511.19(A)(6) did not require additional service because the defendant received adequate notice of the charges when he was served with the original ticket. State v. Campbell, 100 Ohio St. 3d 361, 2003-Ohio-6804, 800 N.E.2d 356 (2003), reconsideration denied, 101 Ohio St. 3d 1470, 2004-Ohio-819, 804 N.E.2d 43 (2004). While service of the citation is not usually an issue in an OVI, care should be taken to address this issue in cases wherein the defendant took a blood or urine test that was sent off for analysis. In these cases, law enforcement is still required to comply with Traffic Rule 3(E).
DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Huber Heights, Beavercreek, Centerville, Springboro, Franklin and throughout Ohio. He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense. Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263). For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671. For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500. Follow DaytonDUI on Twitter @DaytonDUI or Get Twitterupdates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook,www.facebook.com/daytondui and on the DaytonDUI channel on YouTube. You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.