Cop could not just read from ticket
An Ohio man was cited for failure to make a complete stop at a stop sign. At the bench trial the officer testified by reading from the ticket. The defendant objected and the trial judge said the officer could refresh his memory with the ticket if he needed to. The man was convicted.
The court of appeals reversed the conviction because the trial judge erred by improperly allowing the officer to refresh his recollection in this manner. Ohio Evidence Rule 612 allows for a writing to be used by a witness to refresh their memory. But a proper foundation must be laid. First, it must be established that the witness lacks a present memory of the events described in the writing. Second, the witness may review the writing to see if the writing refreshes his recollection of the event. If so, he may then testify from his refreshed recollection.
In this case which you can read here, the trial court did not follow the procedure required by Evid. R. 612 and so the court of appeals reversed the conviction.
If you are accused of a crime or have been convicted already, contact me if you can afford to hire a private attorney. Otherwise, contact your county or state public defender to see if they can help.
