Ohio Traffic Rules - Supreme Court

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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 practiceof law for at least four years and be in good standing with the Supreme Court of Ohio at the timeof appointment. A magistrate shall be provided with court room accommodations resembling asnearly as possible traffic court rooms.(B) A court may refer nonjury traffic cases to a magistrate. If the offense charged isan offense for which imprisonment is a possible penalty, the case may be referred only with theunanimous consent of the parties, in writing or on the record in open court. The consent of analleged juvenile traffic offender or his or her parent, guardian, or custodian shall not be required.(C) Proceedings before the magistrate shall be conducted as provided in CriminalRule 19. A defendant’s payment of a fine does not constitute a waiver of the defendant’s right tofile objections to the magistrate’s decision.[Effective: January 1, 1975; amended effective September 1, 1996; February 1, 2002;October 1, 2006; July 1, 2011.]Traffic Rules Review CommissionCommentary (October 1, 2006 Amendment)The October 1, 2006 amendment altered the cross-reference to Criminal Rule 19 toconform to the July 1, 2006 amendments to Criminal Rule 19.Commentary (February 1, 2002 Amendment)The February 1, 2002 amendment conforms the authority of traffic court magistrates tothat of criminal magistrates contained in Criminal Rule 19, as amended effective July 1, 2000.Division (A) retains language of the rule as it existed prior to the amendment and adds that atraffic court magistrate may determine issues of guilt or innocence.Division (B) specifies that any nonjury traffic case, including those involving an allegedjuvenile traffic offender, may be referred to a magistrate, removing any references to the consentof the parties that was contained in the prior rule. In cases where imprisonment, as defined inR.C. 1.05, is a possible penalty, the case may be heard by a magistrate only with the writtenconsent of the parties.
Reference to Civil Rule 53 has been replaced with a requirement that proceedings beforea traffic magistrate will be conducted in accordance with Criminal Rule 19. The rule also statesthat the payment of a fine by the defendant does not constitute a waiver of the defendant’s rightto object to the decision of the magistrate.
Page 1 and 2: OHIO TRAFFIC RULESRule1 Scope of ru
Page 3 and 4: RULE 2.DefinitionsAs used in these
Page 5 and 6: RULE 3.Complaint and Summons; Form;
Page 7 and 8: issuing officer serve the defendant
Page 9 and 10: Traffic Rules Review CommissionComm
Page 11 and 12: RULE 5. Joinder of Offense and Defe
Page 13 and 14: RULE 7.Procedure upon Failure to Ap
Page 15 and 16: RULE 9.Jury Demand(A) Jury demand.
Page 17 and 18: (F) Immediate trial. Upon written c
Page 19 and 20: court, shall constitute waiver ther
Page 21 and 22: RULE 13.Traffic Violations Bureau(A
Page 23: RULE 13.1. Juvenile Traffic Violati
Page 27 and 28: RULE 16.Judicial ConductThe Code of
Page 29 and 30: RULE 18.ContinuancesContinuances sh
Page 31 and 32: RULE 20.Procedure not Otherwise Spe
Page 33 and 34: RULE 22. [Reserved](Former Rule 22
Page 35 and 36: RULE 24.Effective Date(A) Effective
Page 37 and 38: (L) The amendments to Traffic Rules
Page 39 and 40: TEMPORARY PROVISIONNotwithstanding
Page 41: Uniform Traffic Ticket (MUTT)
Page 53: REVERSE OF ENFORCEMENT AGENCY RECOR

Ohio Traffic Rules - Supreme Court

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