Supreme Court adopts traffic rule changes
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The Supreme Court of Ohio has adopted amendments to the Ohio Traffic Rules that clarify the authority of traffic violations bureaus and conform the required experience of magistrates. The changes become effective July 1.
The changes to Rule 13 – which were recommended by the Commission on the Rules of Practice and Procedure – list nine traffic offenses that cannot be processed by a traffic violations bureau. Some of those include operating a motor vehicle while under the influence of alcohol or any drug of abuse; leaving the scene of an accident; and willfully eluding or fleeing a police officer.
Changes to Rule 14 specify that magistrates need to “have been engaged in the practice of law for at least four years and be in good standing with the Supreme Court of Ohio at the time of appointment.” The change conforms the requirements for being appointed as a magistrate to match the requirements under the Rules of Superintendence for the Courts of Ohio.
An update to Rule 11 includes no substantive changes and simply correct a cross-reference to Crim. R. 16.
AMENDMENTS TO THE OHIO TRAFFIC RULES
Amendments to Traffic Rules 11, 13 and 14 were adopted by the Supreme Court of Ohio and become effective July 1, 2011.
RULE 11. Pleadings and Motions before Plea and Trial: Defenses and Objections
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(C) Motion date. Pre-plea motions shall be made before or at arraignment.
All pretrial motions, except as provided in Criminal Rule 16(M), shall be made within thirty-five days after arraignment or seven days before trial, whichever is earlier. The court, in the interest of justice, may extend the time for making pre-plea or pretrial motions.
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RULE 13 Traffic Violations Bureau
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(B) Authority of violations bureau. All traffic offenses except those listed in this division may be disposed of by a traffic violations bureau. The following traffic offenses shall not be processed by a traffic violations bureau:
(1) Indictable offenses;
(2) Operating a motor vehicle while under the influence of alcohol or any drug of abuse;
(3) Leaving the scene of an accident;
(4) Driving while under suspension or revocation of a driver's or commercial driver’s license;
(5) Driving without being licensed to drive when jail is a possible penalty;
(6) A third moving traffic offense within a twelve-month period when jail is a possible penalty;
(7) Failure to stop and remain standing upon meeting or overtaking a school bus stopped on the highway for the purpose of receiving or discharging a school child;
(8) Willfully eluding or fleeing a police officer;
(9) Drag racing.
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RULE 14. Magistrates
(A) A court may appoint one or more magistrates for the purpose of receiving pleas, determining guilt or innocence, receiving statements in explanation and in mitigation of sentence, and recommending penalty to be imposed. A magistrate shall have been engaged in the practice of law for at least four years and be in good standing with the Supreme Court of Ohio at the time of appointment. A magistrate shall be provided with court room accommodations resembling as nearly as possible traffic court rooms.[[In-content Ad]]
The changes to Rule 13 – which were recommended by the Commission on the Rules of Practice and Procedure – list nine traffic offenses that cannot be processed by a traffic violations bureau. Some of those include operating a motor vehicle while under the influence of alcohol or any drug of abuse; leaving the scene of an accident; and willfully eluding or fleeing a police officer.
Changes to Rule 14 specify that magistrates need to “have been engaged in the practice of law for at least four years and be in good standing with the Supreme Court of Ohio at the time of appointment.” The change conforms the requirements for being appointed as a magistrate to match the requirements under the Rules of Superintendence for the Courts of Ohio.
An update to Rule 11 includes no substantive changes and simply correct a cross-reference to Crim. R. 16.
AMENDMENTS TO THE OHIO TRAFFIC RULES
Amendments to Traffic Rules 11, 13 and 14 were adopted by the Supreme Court of Ohio and become effective July 1, 2011.
RULE 11. Pleadings and Motions before Plea and Trial: Defenses and Objections
***
(C) Motion date. Pre-plea motions shall be made before or at arraignment.
All pretrial motions, except as provided in Criminal Rule 16(M), shall be made within thirty-five days after arraignment or seven days before trial, whichever is earlier. The court, in the interest of justice, may extend the time for making pre-plea or pretrial motions.
***
RULE 13 Traffic Violations Bureau
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(B) Authority of violations bureau. All traffic offenses except those listed in this division may be disposed of by a traffic violations bureau. The following traffic offenses shall not be processed by a traffic violations bureau:
(1) Indictable offenses;
(2) Operating a motor vehicle while under the influence of alcohol or any drug of abuse;
(3) Leaving the scene of an accident;
(4) Driving while under suspension or revocation of a driver's or commercial driver’s license;
(5) Driving without being licensed to drive when jail is a possible penalty;
(6) A third moving traffic offense within a twelve-month period when jail is a possible penalty;
(7) Failure to stop and remain standing upon meeting or overtaking a school bus stopped on the highway for the purpose of receiving or discharging a school child;
(8) Willfully eluding or fleeing a police officer;
(9) Drag racing.
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RULE 14. Magistrates
(A) A court may appoint one or more magistrates for the purpose of receiving pleas, determining guilt or innocence, receiving statements in explanation and in mitigation of sentence, and recommending penalty to be imposed. A magistrate shall have been engaged in the practice of law for at least four years and be in good standing with the Supreme Court of Ohio at the time of appointment. A magistrate shall be provided with court room accommodations resembling as nearly as possible traffic court rooms.[[In-content Ad]]