POINTS FOR TRAFFIC POINTS FOR TRAFFIC OFFENSESOFFENSES

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CaveatCaveat

Neither the Judge nor any Neither the Judge nor any member of the court staff or Clerk member of the court staff or Clerk

of Court’s office is permitted to of Court’s office is permitted to give legal advicegive legal advice

Points for Traffic OffensesPoints for Traffic Offenses

Every court must send to the Bureau of Every court must send to the Bureau of Motor Vehicles a report of a conviction for Motor Vehicles a report of a conviction for a traffic offense for which the law charges a traffic offense for which the law charges pointspoints

Different offenses have different numbers Different offenses have different numbers of points which are to be assessedof points which are to be assessed

Points for Traffic OffensesPoints for Traffic Offenses

Every court must send to the Bureau of Every court must send to the Bureau of Motor Vehicles a report of a conviction for Motor Vehicles a report of a conviction for a traffic offense for which the law charges a traffic offense for which the law charges pointspoints

Different offenses have different numbers Different offenses have different numbers of points which are to be assessedof points which are to be assessed

Points AssessedPoints Assessed

Most simple traffic offenses (speeding, Most simple traffic offenses (speeding, stop sign, red light, failure to yield, stop sign, red light, failure to yield, following too closely) charge 2 points.following too closely) charge 2 points.

Other traffic offenses charge 4 or 6 points Other traffic offenses charge 4 or 6 points (reckless operation – 4; Speeding 30 miles (reckless operation – 4; Speeding 30 miles or more over speed limit -4; OVI and some or more over speed limit -4; OVI and some DUS – 6 points)DUS – 6 points)

See R.C. 4510.036See R.C. 4510.036

Suspension for Excessive PointsSuspension for Excessive Points

If a person If a person accumulates 12 or accumulates 12 or more points in a two more points in a two year period the year period the Bureau of Motor Bureau of Motor Vehicles will suspend Vehicles will suspend their license for 180 their license for 180 daysdays

I don’t care if I pay a fine but I I don’t care if I pay a fine but I do not want points on my do not want points on my

licenselicense

Can the Judge accept my plea Can the Judge accept my plea but waive [not give me] the but waive [not give me] the

points?points?

Three Branches of GovernmentThree Branches of Government

Under the Under the Constitution there are Constitution there are three branches of three branches of GovernmentGovernment

The legislative branchThe legislative branch

The legislative branch The legislative branch makes the lawsmakes the lawsAt the local level the At the local level the law is made by City law is made by City CouncilCouncilAt the State level the At the State level the law is made by State law is made by State representatives and representatives and State senators (Ohio State senators (Ohio State House pictured)State House pictured)

The Executive BranchThe Executive Branch

The executive branch The executive branch enforces and carries enforces and carries out the lawsout the laws

The executive branch The executive branch includes police includes police officers and officers and prosecutorsprosecutors

The Judicial BranchThe Judicial Branch

The judicial branch The judicial branch interprets and applies interprets and applies the laws (Thomas J. the laws (Thomas J. Moyer Ohio Judicial Moyer Ohio Judicial Center pictured)Center pictured)

No branch must interfere with the No branch must interfere with the function of the other branchesfunction of the other branches

““In order to lay a due foundation for that separate and In order to lay a due foundation for that separate and distinct exercise of the different powers of government, distinct exercise of the different powers of government, which to a certain extent, is admitted on all hands to be which to a certain extent, is admitted on all hands to be essential to the preservation of liberty, it is evident that essential to the preservation of liberty, it is evident that each department [branch of government] should have a each department [branch of government] should have a will of its own …. The great security against a gradual will of its own …. The great security against a gradual concentration of the several powers in the same concentration of the several powers in the same department [branch of government], consists in giving to department [branch of government], consists in giving to those who administer each department, the necessary those who administer each department, the necessary constitutional means, and personal motives, to resist constitutional means, and personal motives, to resist encroachments of the others …. Ambition must be made encroachments of the others …. Ambition must be made to counteract ambition.to counteract ambition. (Federalist #52)” (Federalist #52)”

The Judge must follow the lawThe Judge must follow the law

A Judge takes an A Judge takes an oath to follow the lawoath to follow the law

The Judge cannot The Judge cannot change the lawchange the law

The law says that The law says that points must be given points must be given for certain traffic for certain traffic offensesoffenses

If the Judge does not follow the If the Judge does not follow the points law the Judge is subject to points law the Judge is subject to

removal from officeremoval from office““The purposeful failure or The purposeful failure or refusal of any person to refusal of any person to comply with any provision comply with any provision of the [point system for of the [point system for motor vehicle violations] motor vehicle violations] constitutes misconduct in constitutes misconduct in office and is a ground for office and is a ground for removal of the person removal of the person from the office.” from the office.” R.C. 4510.035R.C. 4510.035

AnswerAnswerThe Judge does not have The Judge does not have the authority to accept your the authority to accept your plea of no contest or guilty plea of no contest or guilty to a charge which the law to a charge which the law requires points to be requires points to be assessed and not give you assessed and not give you the points. Since the Judge the points. Since the Judge does not have the authority does not have the authority to do this the Judge’s to do this the Judge’s decision would be void and decision would be void and have no legal effect.have no legal effect.

What do I need to do to not have What do I need to do to not have any points for this ticket?any points for this ticket?

You have the following options:You have the following options:

Enter a plea of not guilty either in person Enter a plea of not guilty either in person or by using Form 1-05 that is available by or by using Form 1-05 that is available by clicking on the “Traffic Ticket” link and clicking on the “Traffic Ticket” link and requesting to either have your case requesting to either have your case immediately set for a Trial; or you may immediately set for a Trial; or you may request a Pretrial with the Prosecutorrequest a Pretrial with the Prosecutor

What is a Pretrial?What is a Pretrial?

A pretrial is a meeting A pretrial is a meeting that you have with the that you have with the prosecutor to prosecutor to exchange information exchange information and see if an and see if an agreement can be agreement can be reached without reached without having a trialhaving a trial

What if we don’t reach an What if we don’t reach an agreement?agreement?

If you do not reach an agreement with the If you do not reach an agreement with the prosecutor [which must be accepted by prosecutor [which must be accepted by the Judge to ensure that it is fair and legal] the Judge to ensure that it is fair and legal] then your case can be scheduled for trialthen your case can be scheduled for trial

Can I attend a program and avoid Can I attend a program and avoid the points?the points?

Under the law you are permitted to take a Under the law you are permitted to take a remedial driving instruction course and remedial driving instruction course and have 2 points removed from your driving have 2 points removed from your driving record – R.C. 4510.037(C)(1)record – R.C. 4510.037(C)(1)

There are certain criteria in order to qualify There are certain criteria in order to qualify to take the course.to take the course.

Can I attend a program - continuedCan I attend a program - continued

The requirements are:The requirements are:1.1. You must have at least two but less than You must have at least two but less than

twelve points on your record.twelve points on your record.2.2. The course must be approved by the The course must be approved by the

Ohio Department of Public Safety.Ohio Department of Public Safety.3.3. You can only take this course once every You can only take this course once every

3 years.3 years.4.4. You can only take this course a total of 5 You can only take this course a total of 5

times during your lifetimetimes during your lifetime

Some courts let you take a course and the ticket is Some courts let you take a course and the ticket is dismissed – Why doesn’t this court do that?dismissed – Why doesn’t this court do that?

For the following reasons this court does not have this type of For the following reasons this court does not have this type of program:program:

1.The legislative branch of government does not recognize this 1.The legislative branch of government does not recognize this procedure for traffic offenses [the legislative branch does recognize procedure for traffic offenses [the legislative branch does recognize diversion programs for other crimes such as Underage diversion programs for other crimes such as Underage Consumption and specifically authorizes the Judicial Branch to Consumption and specifically authorizes the Judicial Branch to institute programming for such offenses].institute programming for such offenses].

2. The executive branch is charged with enforcing the laws not the 2. The executive branch is charged with enforcing the laws not the court. This type of program would have to be initiated by a court. This type of program would have to be initiated by a prosecutor – a member of the executive branch. No prosecutor has prosecutor – a member of the executive branch. No prosecutor has initiated such a program in this Court. initiated such a program in this Court.

3. Most persons who have a pretrial with the prosecutor reach an 3. Most persons who have a pretrial with the prosecutor reach an agreement that does not result in a trial. There has not been a great agreement that does not result in a trial. There has not been a great demand for this type of a program in this Court.demand for this type of a program in this Court.

Conclusion Conclusion

We hope that this presentation has been We hope that this presentation has been helpful in answering your questions on this helpful in answering your questions on this topic. Remember neither the court nor any topic. Remember neither the court nor any member of the Clerk’s office is authorized member of the Clerk’s office is authorized to give you legal adviceto give you legal advice

Additional QuestionsAdditional Questions

If you have additional questions you may wish to If you have additional questions you may wish to consider:consider:

1.1. If you disagree with the law or believe it is If you disagree with the law or believe it is unfair you should contact your state unfair you should contact your state representative or state senator and discuss representative or state senator and discuss how the law might be changedhow the law might be changed

2.2. Contacting an attorney to discuss your rights. If Contacting an attorney to discuss your rights. If you do not have an attorney you may contact you do not have an attorney you may contact the Lorain County Bar Association @ 440-323-the Lorain County Bar Association @ 440-323-8416. The Bar Association has a referral 8416. The Bar Association has a referral service that may be of assistance to you.service that may be of assistance to you.

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