FRANKLIN
COUNTY RULES OF PRACTICE
OF THE COURT OF COMMON PLEAS
Domestic Relations
Division
Juvenile Branch
Effective February 1, 1990 unless otherwise noted
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JUVENILE
RULES
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RULE 15:
Traffic offenses/misdemeanor
citations; Use of electronically produced tickets
(A) Traffic matters will generally be heard Monday through Friday by a Magistrate of this Court.
(B) The following offenses require an appearance before the Court for adjudication:
(1) Minor Misdemeanors filed on Citations
(2) Second or Subsequent Moving Violation
(3) Reckless Operation of a Motor Vehicle
(4) Leaving the Scene of an Accident
(5) Fleeing a Police Officer
(6) Operating a Vehicle While Under the Influence of Alcohol and/or Drugs
(7) Passing a Loading or Unloading School Bus
(8) Operating a Vehicle without a Valid Operator's License
(9) Operating a Vehicle while the Operator's License is under Suspension or Revocation
(10) Offenses involving Injury or Property Damage
(11) Speeding in Excess of 20 m.p.h. over the Posted Speed Limit
(12) Drag Racing
(C) Upon determination by the Clerk's Office that a mandatory appearance is not required, a Juvenile Traffic Offender may elect to proceed without a Court appearance upon the following conditions:
A parent, guardian, or an attorney must be present with the offender. A waiver will be executed. Said waiver shall constitute an admission to the facts as alleged in the complaint and to the traffic violation. It shall further constitute a waiver of the right to trial, the right to present witnesses and to cross-examine witnesses against the offender, the right to silence and right to counsel. Upon said admission and waiver, a fine shall be assessed by the Court in accordance with schedules established by the Court.
(D) No continuances of a traffic appearance shall be granted by phone.
(E) Forms are available in the Intake Office which may be used by an attorney or parent to enter a denial on behalf of a youth who has been cited. The matter will then be set for trial on the contested docket before a Magistrate.
(F) All requests for driving privileges or other form of post-adjudicatory relief are to be made in writing and will be set for hearing on the afternoon Traffic Docket. The moving party shall give notice of the hearing to the Prosecutor’s Office.
(G) Traffic tickets produced by computer or other electronic means may be filed in lieu of the Ohio Uniform Traffic Ticket, provided that the computer generated or electronic ticket conforms in all substantive respects, including layout and content to the Ohio Uniform Traffic Ticket. The provisions of Ohio Traffic Rule 3(B) relative to the color, weight of paper, and method of binding shall not be applicable to a ticket that is produced by computer or other electronic means.
If a traffic ticket produced by computer or other electronic means is issued at the scene of the alleged offense, the issuing officer shall provide the defendant with a paper copy of the ticket as required by Ohio Traffic Rules 3(E). A law enforcement officer who files a ticket electronically shall be considered to have certified the ticket and shall have the same rights, responsibilities, and liabilities as with all other traffic tickets issued pursuant to the Ohio Traffic Rules.
(Amended effective 7/1/93; 2/10/97; 1/1/00; 7/1/04)