State v. Kilgore

Fain, Judge.

{¶ 1} Defendant-appellant, Brett E. Kilgore, appeals from his conviction and sentence for failing to obey a traffic-control device, in violation of Dayton City Ordinances 70.12. Kilgore contends that there is a failure of proof, because there is no evidence of the existence of a traffic-control device that he allegedly failed to obey. Although the trial court took judicial notice of a comment concerning the one-way street sign in the comment section of the traffic ticket, the city concedes, and we agree, that a traffic ticket is merely a charging instrument and does not constitute…