Why am I mandated to appear in court on speeding ticket

[Silverline]

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

Received my 2nd speeding ticket in the last 12 months [June 19th 2009] today. I was clocked @ 11 mph over the limit in a school zone [31>20]. I was also cited for not wearing seat belt for myself or my 12 YO in the front seat. Typically a manditory appearancve is not requirted on a 2nd speeding offense alone so I'm curious. Anyone have any idea. Thanks.

 

[Isis1]

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

Received my 2nd speeding ticket in the last 12 months [June 19th 2009] today. I was clocked @ 11 mph over the limit in a school zone [31>20]. I was also cited for not wearing seat belt for myself or my 12 YO in the front seat. Typically a manditory appearancve is not requirted on a 2nd speeding offense alone so I'm curious. Anyone have any idea. Thanks.

well....from your post...not only were you speeding in a school zone....but you were endangering a child by allowing the child to ride in a car without a seatbelt. and then, you were putting someone else in danger by not wearing your seatbelt which could cause your own body to be used as a projectile in the event of an accident causing harm or death to an innocent bystander.

so this isn't just a speeding ticket.

 

[BOR]

You are lucky you were not actually arrested. A second offense within 12 months elevates the offense to a Misdemeanor of the 4th degree and then is arrestable.

 

[Silverline]

You are lucky you were not actually arrested. A second offense within 12 months elevates the offense to a Misdemeanor of the 4th degree and then is arrestable.

It's curious a work associate has received three speeding tickets in 12 months [in addition to a lenghty history of additional violations] and wasn't mandated to appear in court or arrested. So it appears there is no rule, that it's up to the officer.

Given the circumstances what do you think will happen when I appear in court? Other than the previous moving violation my record is clean.

 

[StevenJ_420Law]

Why do you think you will need to appear in court?

Just because an officer had you sign a promise to appear does not necessarily mean you must appear. WIth infractions you will usually just get a notice with your options.

If you do have to appear, you will be told the charges and arraigned and have all of your rights as for any other citation.

In CA, those charges are infractions; the child seat belt one is very expensive here. I'm not familiar with your laws.

Wait a week or two and contact the court and ask. If you dont hear anything at all, make sure you are there on your court date/time.

 

[BOR]

The officer checked the box that a "MANDATORY COURT APPEARANCE was required".

I found nothing in the Ohio Traffic Rules on this, however, as stated, you could have been arrested. It is then up to the "local rules of court" whether a mandatory appearance is required. You had 2 violations in one act, speeding in a school zone and no seat belt for the child, so within 12 months, that is no less than 3 offenses.

I do not know if an officer has the discretion to check mandatory or not, if he is permitted by law, then he can, local rules dictate, ask the court.

 

[Silverline]

Why do you think you will need to appear in court?

Just because an officer had you sign a promise to appear does not necessarily mean you must appear. WIth infractions you will usually just get a notice with your options.

If you do have to appear, you will be told the charges and arraigned and have all of your rights as for any other citation.

In CA, those charges are infractions; the child seat belt one is very expensive here. I'm not familiar with your laws.

Wait a week or two and contact the court and ask. If you dont hear anything at all, make sure you are there on your court date/time.

The officer checked the box that a "MANDATORY COURT APPEARANCE was required".

I just got off the phone with the Traffic Violations Bureau and while my ticket isn't on file yet based on the info I gave them on the ticket they told me those violations DO NOT require a mandatory court appearance - strange. I asked if it was up to the discretion of the officer and they told me no.

 

[StevenJ_420Law]

Well wait and see. What the courts policy is and what an officer wants can be 2 different things. Unless your states vehicle code grants that authority to the officer, the presiding judge will set the rules of court. If you Have to appear, appear. It will be an arraignment. Sometimes court have programs like .. if you attend a child safety seat class, they will dismiss/reduce the child safety seat.. so you use that opportunity to discuss such things with the judge.

 

[Silverline]

Thanks gentlemen, I appreciate the information.

 

[BOR]

The officer checked the box that a "MANDATORY COURT APPEARANCE was required".

I just got off the phone with the Traffic Violations Bureau and while my ticket isn't on file yet based on the info I gave them on the ticket they told me those violations DO NOT require a mandatory court appearance - strange. I asked if it was up to the discretion of the officer and they told me no.

Odd. Either he checked it by mistake or on purpose to play games. Personally, if it is marked, I would appear to plea, you can always ask the court for legal justication when in person.

I checked a few court web sites, and a mandatory appearance is required for certain acts, such as 3 moving violations in 12 months, BUT, as said, unless state law addresses it, it is a local rule of court.

 

[Silverline]

Update

The ticket still isn't posted and when I called about it I was told a different story; that the officer can determine whether or not to make court appearance mandatory. And that if the ticket isn't posted by court [this Thursday] I'd have to wait for the officer to file it. I asked if that's the case should I still appear but they wouldn't say. I guess the safe thing to do would be to appear when I could ask the judge for clarification on the officer's ruling.

 

[StevenJ_420Law]

some agencies/courts are automated and some manually input tickets. It could take a few weeks.