Ohio Supreme Court, 1977

State ex rel. Dormody v. McClure

Ohio Supreme Court · Decided June 29, 1977 · No. 76-1237 · Brown, Celebrezze, Herbert, Looher, Neill, Sweeney

50 Ohio St. 2d 335; 364 N.E.2d 278; 4 Ohio Op. 3d 476; 1977 Ohio LEXIS 423

Cases that cite this one

5 later published cases cite this decision.

McAuley v. Smith (Ohio Ct. App. 1999)
State ex rel. Smith v. Court of Common Pleas (Ohio 1982)
State ex rel. Henry v. Britt (Ohio 1981)
Ohio Bell Telephone Co. v. Ferguson (Ohio 1980)
State ex rel. Smart v. McKinley (Ohio 1980)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

Relators seek writs of prohibition to prevent respondent from trying them for the offenses of driving while under the influence of alcohol (R. C. 4511.19), alleging that respondent has no jurisdiction due to the fact that the Uniform Traffic Ticket sanctioned by Traf. R. 21 does not provide that the signature of the issuing officer be verified.

Prohibition is not the proper remedy where there is an adequate remedy in the ordinary course of the law. State, ex rel. Dickison, v. Court of Common Pleas (1971), 28 Ohio St. 2d 179. Respondent has jurisdiction of the persons and subject matter. Any complaint with regard to the form of the ticket can be dealt with by motion prior to trial or in the ordinary course of appeal.

Since the relators have an adequate remedy at law, the writs are denied.

Writs denied.

O’Neill, C. J., Herbert, Celebrezze, P. Brown, Sweeney and Looher, JJ., concur. W. Brown, J., not participating.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.