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  1. #1

    Default Civil Infraction

    Im in Michigan and recently beat multiple traffic tickets in another state (Ohio). The prosecutors dismissed the case i moved to the Supreme Court, only problem is my counterclaim included money. The court never said a word about me being awarded money damages amongst some other things. How should i go about this. I won the case but i rather just appeal and try being awarded for my money judgement. Im not looking for legal advice which clearly no one will give that but rather an opinion from someone who has experienced this before (if any) . To me its not just winning the case vs the State but the overall principle of a frivolous matter in which I demanded to be awarded for. Thanks in advance

  2. #2
    Join Date
    Mar 2013
    Posts
    18,301

    Default Re: Civil Infraction

    You don't get money for beating a traffic ticket.

    Pay a lawyer if the principle is that important to you. Since it's not about money, you are free to spend thousands to make your point.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Civil Infraction

    Counterclaim? You don’t make counterclaims to a criminal case. If you choose to sue the police or the state in general, that is an entirely different action in a different court.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
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    24,519

    Default Re: Civil Infraction

    If the court thought you were entitled to money damages it would have awarded them. You don't appeal a win.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,888

    Default Re: Civil Infraction

    And just because you prevail on the original claim, doesn't mean you did on your counterclaim.

  6. #6
    Join Date
    Sep 2018
    Location
    Ohio
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    434

    Default Re: Civil Infraction

    Quote Quoting Counterclaim king
    View Post
    Im in Michigan and recently beat multiple traffic tickets in another state (Ohio). The prosecutors dismissed the case i moved to the Supreme Court, only problem is my counterclaim included money.
    Explain this? You moved what case to the Supreme court? You don't "move" a case to the OSC.

  7. #7

    Default Re: Civil Infraction

    Well i did and i won already. Just like if you sue me in small claims i can MOVE it to GENERAL CIVIL. If i feel it should not be heard in a certain court room and can prove it then it gets removed which it did.

    The case was already dismissed against me in which i DID make a counterclaim for money just like they charge ME for money to claim i owe them. Thats one of the many reasons why they dismissed the case against me.

    My original claim was a counterclaim as the defendant so it was my initial response to their original claim . Im not gonna appeal it. And technically no I didn’t prevail on being awarded for the case. I just simply won

    Yeah im gonna pass on the appeal

    Yeah its a dirty game. They want money from me but i cant be awarded for a frivolous case amongst other fees and costs. Which is why i can only get money in CIVIL COURT yet they consider a TRAFFIC OFFENSE CRIMINAL MATTER through a CIVIL INFRACTION. Which i for money. Not like i was gonna go to jail. They just wanted money.

  8. #8
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    434

    Default Re: Civil Infraction

    Quote Quoting Counterclaim king
    View Post
    Well i did and i won already. Just like if you sue me in small claims i can MOVE it to GENERAL CIVIL. If i feel it should not be heard in a certain court room and can prove it then it gets removed which it did.
    I am aware of small claims procedure, however, I will say again, you can't move a case to the OSC. If you are talking "Appeal" that is not a Removal. I live in Ohio, I can guarantee this did not happen.

    You claim you did, so please explain the detailed procedure you went through.

    Small claims does not have subject matter jurisdiction on what you were claiming redress for, period.

    Infraction charge? Just what was it, EXACTLY.

  9. #9
    Join Date
    Sep 2010
    Posts
    19,888

    Default Re: Civil Infraction

    And even an appeal gets heard from either common pleas (where most non-small civil claims are heard) or court of claims (where this one might possibly have been heard). It goes to the district court of appeals before it ever is even considered by the Ohio SC.
    \

  10. #10
    Join Date
    Sep 2018
    Location
    Ohio
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    434

    Default Re: Civil Infraction

    Quote Quoting flyingron
    View Post
    And even an appeal gets heard from either common pleas (where most non-small civil claims are heard) or court of claims (where this one might possibly have been heard). It goes to the district court of appeals before it ever is even considered by the Ohio SC.
    \
    His whole post makes no legal sense!

    Quote Quoting Counterclaim king
    View Post
    Just like if you sue me in small claims i can MOVE it to GENERAL CIVIL. If i feel it should not be heard in a certain court room and can prove it then it gets removed which it did.
    A removal action (or Motion) to Municipal or Regular court will only be granted for a legally compelling reason.

    If you file a Complaint against me, initially, in Municipal Court, the same applies. If I counter claim
    for more than the jurisdictional money amount, it will be transferred to Common Pleas court. Any other reason is problematical, as Municipal court has subject matter jurisdiction for whatever Common Pleas court has.

    Which is why i can only get money in CIVIL COURT yet they consider a TRAFFIC OFFENSE CRIMINAL MATTER through a CIVIL INFRACTION.
    An offense can NOT be an Infraction and Criminal both, period. That statement shows me you do not know what you are talking about.

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