Ohio - Juvenile traffic court??

[kphutch]

What is the name of your state (only U.S. law)? Ohio

My 17 year old son has a court date for 4/7/2010 in Franklin County, Ohio. I spoke to the prosecutor, but am confused about a couple of things...

The prosecutor told me that my son would be the only one allowed to speak in his defense? Is that true? Why wouldn't his Mom or I be able to question witnesses or do the closing argument? We won't be spending the money for a lawyer in a small case like this (misdemeanor - failure to yield), but wouldn't a lawyer be able to speak?

How will my son be able to tell his side of the story and present his evidence? He can't call himself to the stand and question himself....what is the procedure to present his diagrams, pictures, etc?

This case will boil down to his word vs. the other driver. Can my son call any "character" witnesses (scout leader, teacher, etc.) to establish that he is an honest kid?

Thanks in advance for your help!!

 

[You Are Guilty]

The prosecutor told me that my son would be the only one allowed to speak in his defense? Is that true?

Yes.

Why wouldn't his Mom or I be able to question witnesses or do the closing argument?

Are you or his mom lawyers?

We won't be spending the money for a lawyer in a small case like this (misdemeanor - failure to yield), but wouldn't a lawyer be able to speak?

Yes, lawyers would be permitted to speak. See response to last question.

How will my son be able to tell his side of the story and present his evidence? He can't call himself to the stand and question himself....what is the procedure to present his diagrams, pictures, etc?

Generally, most courts would permit him to take the stand and testify in "narrative" form, that is, tell a story. Some courts will also permit him to ask himself a question and then answer it, but that gets kind of weird. He would get any evidence admitted the same way a lawyer would - by following the Civil Procedure law and complying with the Rules of Evidence.

This case will boil down to his word vs. the other driver. Can my son call any "character" witnesses (scout leader, teacher, etc.) to establish that he is an honest kid?

Probably not. The Prosecution is not alleging your child is dishonest, thus, there is nothing to "refute". Unless these witnesses can testify they saw your child not commit the act he is accused of, they will most likely be barred from taking the stand.

Good luck.

 

[BOR]

What exactly is he charged with? I live in Ohio also, is why I ask.

 

[kphutch]

charged with ORC 4511.42 failure to yield on a left turn, although technically he should have been charged with 4511.44

 

[Silverplum]

https://forum.freeadvice.com/auto-accidents-vehicle-claims-1/juvenile-fighting-ticket-510154.html

Parallel -- sort of -- thread.

 

[kphutch]

Yes...that is my son. I had some questions regarding juvenile proceedings and thought I would be better off posting them here.....

 

[BOR]

charged with ORC 4511.42 failure to yield on a left turn, although technically he should have been charged with 4511.44

The charge is a minor misdemeanor I take it. Unless it was his 2nd offense in a year and then it elevates it to an M-4.

Under MM law, adult or juvenile, he is not entitled to a jury trial or assistance of taxpayer counsel. As a matter of fact, in Ohio, Juveniles are not entitled to jury trials on any charge, even felonies, if I am not mistaken.

As you posted in your other thread it will simply be ammended.

Per your question of if you can testify for him, certainly he can ask the court if it will be permitted, the court will say yes or no. Unless you have specific information of the offense, such as you were in the car, etc. character witnesses have no bearing in such trials.

The maximum fine for an MM is $150.00/NO jail time.