Reckless operation

[Sherry Martin]

Jurisdiction

Ohio

My son drove his Jeep over a construction area where a new allotment was going up. He did not know there was a retaining pond there. it was covered by snow. He and his cousin sunk his Jeep in the pond and narrowly escaped with their lives. The owner of the property is not prosecuting him. however three weeks later the police want to give him a ticket for reckless operation. They said if he refuses to accept the ticket they will put a warrant out for his arrest. Is it legal for the police to give him a ticket three weeks later for an incident on private property?

 

[army judge]

Is it legal for the police to give him a ticket three weeks later for an incident on private property?

Yes, but he's not being ticketed for driving on private property.

Your analysis misstates the alleged facts you revealed to support your erroneous conclusion.

YOU STATED: "My son drove his Jeep over a construction area where a new allotment was going up. He did not know there was a retaining pond there. it was covered by snow"


If he's cited, it was related to his initial operation of a motor vehicle at speeds to fast for current road conditions, which ended with him driving of the roadway and landing in a pond on private property.

It wasn't his intention to drive so fast as NOT to know that his vehicle became a deadly projectile, launched off the public roadway in such a manner that he and his vehicle ended up on private property.

Bottom line, what the police propose is legal in every state in the great country.

I suggest you that if you wish to assist your son you can help him hire an attorney, and advise him immediately not to discuss this case except with his attorney, that would include you and his passenger.

Be further advised that the passenger could eventually file a civil suit against your son for personal injury and medical bills, another reason for your son to terminate contact with the passenger until this matter has been concluded.

No need to further litigate or argue the situation here, as that will be decided by the police, followed by the courts (if it goes that far).

 

[Sherraechas]

Yes, but he's not being ticketed for driving on private property.

Your analysis misstates the alleged facts you revealed to support your erroneous conclusion.

YOU STATED: "My son drove his Jeep over a construction area where a new allotment was going up. He did not know there was a retaining pond there. it was covered by snow"


If he's cited, it was related to his initial operation of a motor vehicle at speeds to fast for current road conditions, which ended with him driving of the roadway and landing in a pond on private property.

It wasn't his intention to drive so fast as NOT to know that his vehicle became a deadly projectile, launched off the public roadway in such a manner that he and his vehicle ended up on private property.

Bottom line, what the police propose is legal in every state in the great country.

I suggest you that if you wish to assist your son you can help him hire an attorney, and advise him immediately not to discuss this case except with his attorney, that would include you and his passenger.

Be further advised that the passenger could eventually file a civil suit against your son for personal injury and medical bills, another reason for your son to terminate contact with the passenger until this matter has been concluded.

No need to further litigate or argue the situation here, as that will be decided by the police, followed by the courts (if it goes that far).

There were no injuries. The property was undeveloped land , soon to be an allotment. He was not speeding or driving fast. They were driving around on bumpy, rocky land for the thrill of it! He drove across the land, not realizing there was a retention pond. His jeep broke thru the ice on the pond and they sunk and they escaped the vehicle.

Why did they not cite him that night? What does reckless operation have to do with trespassing on private propetyy? The landowner is not pursuing any charges... why would we need to see a lawyer?

 

[army judge]

There were no injuries. The property was undeveloped land , soon to be an allotment. He was not speeding or driving fast. They were driving around on bumpy, rocky land for the thrill of it! He drove across the land, not realizing there was a retention pond. His jeep broke thru the ice on the pond and they sunk and they escaped the vehicle.

What you recite are issues for trial, maybe.
You weren't there when the incident occurred, neither were the police.
The police were called, subsequently investigated, and now are expressing an intention to take remedial action.

As to the issues of injury, I submit to you many people involved in vehicle collisions don't initially report medical problems.

That, alone, isn't unusual.

Why did they not cite him that night? What does reckless operation have to do with trespassing on private propetyy? The landowner is not pursuing any charges... why would we need to see a lawyer?

Because the police chose to investigate after an investigation.
It isn't unusual for th police to come back to the scene during daylight to view the scene, investigate further, consider their findings, then choose to cite for any offenses.

The driver was on the public roadway, and somehow ended up on private property.
The driver isn't being cited for ending up on private property, but for ending up on private property.
The legal theory behind that is that somehow the driver left the public roadway and ended up on private property.

Anyway, I'm a nobody, insofar as this incident is concerned.
You are also a disinterested party in this matter, other than being a related to the driver.
I suggest you and your relative visit a licensed lawyer in your county to seek a deeper understanding.

 

[Sherraechas]

How long after an offense are the police allowed to issue a ticket? In general terms....

This was the question I asked .... no further investigation was done.

 

[army judge]

How long after an offense are the police allowed to issue a ticket? In general terms....

This was the question I asked .... no further investigation was done.

Ohio seems to have a two year SOL for misdemeanors.

Read more, here:
...
...
Ohio's Two-Year Statute of Limitations | Joslyn Law Firm Blog

 

[Sherraechas]

Ohio seems to have a two year SOL for misdemeanors.

Read more, here:
...
...
Ohio's Two-Year Statute of Limitations | Joslyn Law Firm Blog

Thank you!

 

[leslie82]

There were no injuries. The property was undeveloped land , soon to be an allotment. He was not speeding or driving fast. They were driving around on bumpy, rocky land for the thrill of it! He drove across the land, not realizing there was a retention pond. His jeep broke thru the ice on the pond and they sunk and they escaped the vehicle.

Why did they not cite him that night? What does reckless operation have to do with trespassing on private propetyy? The landowner is not pursuing any charges... why would we need to see a lawyer?

"He was not speeding or driving fast. They were driving around on bumpy, rocky land for the thrill of it!" Seriously? I grew up with brothers. I've been in male dominated fields. I know how guys get driving around in jeeps or ATVs or four wheel drive. They were probably speeding around out there.

You see a lawyer because only a lawyer can give you legal advice. That's their job. You don't have to though.

None of us were there. You don't know exactly what happened. Just what your son told you.