State v. Savage

Defendant appeals a judgment of conviction for failure to drive within a lane. He contends that the trial court erred in amending the original citation, which was for careless driving, after the close of the evidence and without notice to him. The state concedes the error, but argues that the proper remedy is to remand for a new trial. We agree that the trial court erred, but we do not agree that the appropriate remedy is to remand. We therefore reverse.

The relevant facts are not in dispute. Defendant worked as the driver of one of two “pilot cars” that drove in front of, and behind, a…