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Officer incorrectly told me I had right to pay waiver

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Old Nov 30th, 2006, 10:02 AM     #1
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Default Officer incorrectly told me I had right to pay waiver

On Nov 18th I was pulled over for supposedly violating Ohio's 4511.213 law which states one must change lanes or slow down when passing Emergency vehicles with lights on and stopped on side of highway. I was pulled over about a quarter of mile after passing officer. The officer issued me a citation and told me that I could waive my court date by mailing in the citation plus a $110 waivable fine. Instead of going to court I essentially pled quilty by sending in the $110. After about a week of not seeing this amount taken from my bank account, I called the Clerk of Courts and was told that my payment was rejected and I was supposed to go to court all along. Because the officer incorrectly told me that I had the right to pay via waiver my arraignment was cancelled and rescheduled for a later date.

My question is, how does the officer's mistake affect my options in court. Since I already pled guilty by sending in waiver should I now plead guilty, not guilty, or no contest. Is there any chance I can have this charge dismissed due to officer's error?

Any advice is greatly appreciated!!
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Old Nov 30th, 2006, 06:42 PM     #2
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Default Re: Officer incorrectly told me I had right to pay waiver

You can appear at the court and explain what happened...or write the court first. The judge will help clear it up normally. They want it off the active books too.
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