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View Full Version : Juvenile (17 y.o.) and "Failure to Control" citation (OHIO)


stevedr
Dec 9, 2012, 06:13 PM
My 17 year old son just got his Instruction Permit. He was out driving today (I was in the passenger seat) and failed to negotiate a right-hand turn, resulting in our hitting a guard rail. No one was injured. My car was inoperable and there was damage to the guard rail. Ohio Highway Patrol was called. My son was cited for "Operation without being in reasonable control of vehicle" (Ohio Revised Code 4511.202) and "Delinquent children - juvenile traffic offender" (Ohio Revised Code 2152.02).

I know that Ohio has a mandatory 6 month restriction on driving for juveniles under the age of 17, but I cannot find any information on drivers who have reached the age of 17. Does anyone know if there is any additional penalty beyond regular fines for the offense since he is still a juvenile, and apparently will be tried in juvenile court?

I do know that, as a juvenile, he MUST appear in court and cannot just pay the ticket like an adult would.

I plan to go to court with him, since I was in the car when it happened. Given that this is a "minor misdemeanor" in Ohio, should I consult an attorney or am I reasonably safe in just taking him to court?

Thank you!

smoothy
Dec 9, 2012, 07:12 PM
There is the POINTS that go with it as well, that apply to all people. And Your insurance company will most certainly raise your policy premiums.

Fr_Chuck
Dec 10, 2012, 07:14 AM
Juv court is strange, they can do anything they want, once he enters the court system. They can look at his grades, his home life, do a home inspection, put him on probation, restrict him from driving.

Take your pick, most likely nothing will happen besides a fine to pay, points on his license and your car insurance rates going out of the roof

ScottGem
Dec 10, 2012, 07:42 AM
This is from Ohio 2152.02

(6) The juvenile court has jurisdiction over a person who is adjudicated a delinquent child or juvenile traffic offender prior to attaining eighteen years of age until the person attains twenty-one years of age, and, for purposes of that jurisdiction related to that adjudication, except as otherwise provided in this division, a person who is so adjudicated a delinquent child or juvenile traffic offender shall be deemed a “child” until the person attains twenty-one years of age. If a person is so adjudicated a delinquent child or juvenile traffic offender and the court makes a disposition of the person under this chapter, at any time after the person attains twenty-one years of age, the places at which the person may be held under that disposition are not limited to places authorized under this chapter solely for confinement of children, and the person may be confined under that disposition, in accordance with division (F)(2) of section 2152.26 of the Revised Code, in places other than those authorized under this chapter solely for confinement of children.

Based on this, since your son was under 18 and he was cited for Failure to Control, the other citation is basically automatic. It also means that Juvenile Court, not traffic court has jurisdiction.

My gut reaction is this will be treated as a simple traffic violation. I wouldn't necessarily go into court with an attorney, but I might consult one who knows the juvenile courts and can advise you better than we can.