POINTS FOR TRAFFIC OFFENSES The Presentation will begin

POINTS FOR TRAFFIC OFFENSES The Presentation will begin in approximately 20 seconds

Caveat Neither the Judge nor any member of the court staff or Clerk of Court’s office is permitted to give legal advice

Points for Traffic Offenses Every court must send to the Bureau of Motor Vehicles a report of a conviction for a traffic offense for which the law charges points Different offenses have different numbers of points which are to be assessed

Points Assessed Most simple traffic offenses (speeding, stop sign, red light, failure to yield, following too closely) charge 2 points. Other traffic offenses charge 4 or 6 points (reckless operation – 4; Speeding 30 miles or more over speed limit -4; OVI and some DUS – 6 points) See R. C. 4510. 036

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

I don’t care if I pay a fine but I do not want points on my license Can the Judge accept my plea but waive [not give me] the points?

Three Branches of Government Under the Constitution there are three branches of Government

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

The Executive Branch The executive branch enforces and carries out the laws The executive branch includes police officers and prosecutors

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

No branch must interfere with the function of the other branches “In order to lay a due foundation for that separate and distinct exercise of the different powers of government, which to a certain extent, is admitted on all hands to be essential to the preservation of liberty, it is evident that each department [branch of government] should have a will of its own …. The great security against a gradual concentration of the several powers in the same department [branch of government], consists in giving to those who administer each department, the necessary constitutional means, and personal motives, to resist encroachments of the others …. Ambition must be made to counteract ambition. (Federalist #52)”

The Judge must follow the law A Judge takes an oath to follow the law The Judge cannot change the law The law says that points must be given for certain traffic offenses

If the Judge does not follow the points law the Judge is subject to removal from office “The purposeful failure or refusal of any person to comply with any provision of the [point system for motor vehicle violations] constitutes misconduct in office and is a ground for removal of the person from the office. ” R. C. 4510. 035

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

What do I need to do to not have any points for this ticket? You have the following options: Enter a plea of not guilty either in person or by using Form 1 -05 that is available by clicking on the “Traffic Ticket” link and requesting to either have your case immediately set for a Trial; or you may request a Pretrial with the Prosecutor

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

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

Can I attend a program and avoid the points? Under the law you are permitted to take a remedial driving instruction course and have 2 points removed from your driving record – R. C. 4510. 037(C)(1) There are certain criteria in order to qualify to take the course.

Can I attend a program - continued The requirements are: 1. You must have at least two but less than twelve points on your record. 2. The course must be approved by the Ohio Department of Public Safety. 3. You can only take this course once every 3 years. 4. You can only take this course a total of 5 times during your lifetime

Some courts let you take a course and the ticket is dismissed – Why doesn’t this court do that? For the following reasons this court does not have this type of program: 1. The legislative branch of government does not recognize this procedure for traffic offenses [the legislative branch does recognize diversion programs for other crimes such as Underage Consumption and specifically authorizes the Judicial Branch to institute programming for such offenses]. 2. The executive branch is charged with enforcing the laws not the court. This type of program would have to be initiated by a prosecutor – a member of the executive branch. No prosecutor has initiated such a program in this Court. 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 demand for this type of a program in this Court.

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

Additional Questions If you have additional questions you may wish to consider: 1. If you disagree with the law or believe it is unfair you should contact your state representative or state senator and discuss how the law might be changed 2. Contacting an attorney to discuss your rights. If you do not have an attorney you may contact the Lorain County Bar Association @ 440 -3238416. The Bar Association has a referral service that may be of assistance to you.

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