Chapter 5: Rules of Traffic Practice
RULE 5.1 Sessions of the Traffic Court
RULE 5.2 Written Pleas
RULE 5.3 Demands for Jury Trial
RULE 5.4 Subpoenas
RULE 5.5 Issuance of Summons, Warrant for Failure to Appear
RULE 5.6 Issuance of Notice to Nonresident
RULE 5.7 Assessment of Points
RULE 5.8 Continuances
DMCR 5.9 TRAFFIC SAFETY PROGRAM FEE
Rule 5.1 SESSIONS OF THE TRAFFIC COURT
The Traffic Court shall consist of two sessions:
- The arraignment session shall be held at 8:30 A.M. Monday through Friday and conducted by a Magistrate appointed by the court. The arraignment session shall consider all pleas of guilty or no contest, requests for setting bail, stays of execution, and all other matters to come before the Traffic Court not handled by other sessions. All pleas of not guilty shall be assigned pursuant to DMCR 2.2. The Magistrate may conduct any other traffic proceedings authorized by Traf. R. 14.
- The traffic trial session shall be held in accordance with Traf. R. 17. TOP
Rule 5.2 WRITTEN PLEAS
The court may allow the defendant to enter a written plea of not guilty through his attorney pursuant to Traf. R. 8(C), except in cases where prohibited by law. The not guilty plea may be faxed or mailed within four (4) days after the defendant received the ticket. A faxed plea must be followed by the original document within forty-eight (48) hours. If the original document is not delivered to this court within forty-eight (48) hours, the defendant shall appear before the court to enter a plea. TOP
Rule 5.3 DEMANDS FOR JURY TRIAL
All demands for jury trials in traffic cases shall be made in writing and filed with the Clerk of Court, Traffic Division. TOP
Rule 5.4 SUBPOENAS
DMCR 4.9 shall be followed. TOP
Rule 5.5 ISSUANCE OF SUMMONS, WARRANT FOR FAILURE TO APPEAR IN TRAFFIC COURT
Traf. R. 7(A) shall be followed. TOP
Rule 5.6 ISSUANCE OF NOTICE TO NONRESIDENT
Traf. R. 7(B) shall be followed. TOP
Rule 5.7 ASSESSMENT OF POINTS
The Clerk of Court shall, by computer transfer, cause a record to be furnished to the Bureau of Motor Vehicles that indicates the number of points to be assessed in the space designated on the reporting form for each traffic violation. The points to be assessed shall be as provided for in O.R.C. 4507.021. TOP
Rule 5.8 CONTINUANCES
Traf. R. 18 shall be followed. TOP
DMCR 5.9 TRAFFIC SAFETY PROGRAM FEE
The Court has determined that defendants, who are charged with minor misdemeanor traffic offenses, would benefit from a special program on traffic safety. The Court has established the Traffic Safety Program, which offers a class where defendants will learn the dangers inherent in speeding, running traffic lights, or other unsafe driving.
The Court finds that an additional fee of $250 is needed to cover the costs associated with the Traffic Safety Program and orders that this additional fee be assessed to participating defendants, pursuant to R.C. 1901.26(B)(1).TOP