Reckless Operation and Traffic Rule 10(D)
Traffic Rule 10(D), Traffic Rule 2 And Your Reckless Op
Is your case a “traffic case?” Traffic Rule 10(D) is the controlling statute.
Reckless operation is defined at Revised Code 4511.20. It reads,
Operation in willful or wanton disregard of the safety of persons or property.
(A) No person shall operate a vehicle, trackless trolley, or streetcar on any street or highway in willful or wanton disregard of the safety of persons or property.
(B) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
Is It A “Traffic” Case?
Reckless operation of a vehicle clearly meets the definition of a “traffic case.” A defendant found guilty of a fourth degree misdemeanor cannot be sentenced to more than 30 days in jail. R.C. 2929.21(B)(4). Thus, the advisement that is required in this case is misdemeanor traffic cases involving petty offenses. Also, such advisement is spelled out in Traffic Rule 10(D), which is entitled “Misdemeanor cases involving petty offenses.”
Traffic Rule 2 defines which cases fall under the Traffic Rules. It states:
“(A) `Traffic case’ means any proceeding, other than a proceeding resulting from a felony indictment, that involves one or more violations of a law, ordinance, or regulation governing the operation and use of vehicles, conduct of pedestrians in relation to vehicles, or weight, dimension, loads or equipment, or vehicles drawn or moved on highways and bridges. `Traffic case’ does not include any proceeding that results in a felony indictment.
“(D) `Petty offense’ means an offense for which the penalty prescribed by law includes confinement for six months or less.
“(E) `Serious offense’ means an offense for which the penalty prescribed by law includes confinement for more than six months.” Traf.R. 2.
Traffic Rule 10(D) Controls
Traffic Rule 10(D) states: “In misdemeanor cases involving petty offenses, except those processed in a traffic violations bureau, the court may refuse to accept a plea of guilty or no contest and shall not accept such pleas without first informing the defendant of the effect of the plea of guilty, no contest, and not guilty.”
Contact Charlie at Dayton DUI if you have questions about how a DUI can affect your insurance. In addition ask us about how we can make sure to protect your license. And, ask us how to get you driving privileges.