An Option That Can Lead To The Dismissal Of Certain Traffic Charges
Defendants charged with a waiverable traffic offenses (that is, persons charged with offenses for which a fine may be paid in lieu of a personal appearance at the court) may participate in the court’s traffic safety program if they have not previously participated in that program or if at least four years have passed since they have participated in that program. If you hold a “Class A” or CDL license you are not eligible to participate in this program.
A defendant in a traffic case who is eligible to participate in the court’s traffic safety program may file the necessary application to participate in that program up to three days after the arraignment date listed on the traffic ticket. (The application is typically enclosed with the traffic ticket and is also available in the link below; “TSP Application”.) The defendant’s application to participate in the program must be accompanied by the appropriate fine and cost payment, and the defendant must enter a guilty or no-contest plea to the traffic charge or charges and must sign the application form. Also, if the traffic ticket indicates that the defendant did not show proof of insurance when the ticket was issued, the defendant must provide proof of insurance to the clerk of the court.
Once the clerk has received the completed application and the waiver payment, proceedings in the case will be stayed for 60 days while the defendant completes an on-line defensive driving course. The defendant must pay the course provider for the cost of the course. (Information about the course is available at www.SafeDriverOnline.com or by phone at 1-888-372-SAFE).
If during that 60-day period the defendant files with the clerk a certificate showing that the defendant has successfully completed a defensive driving course, then the case will be dismissed and no conviction will be reported to the Ohio Bureau of Motor Vehicles (BMV). (The original version of the certificate – rather than a photocopy – must be sent by the defendant to the clerk). If the defendant fails to file such a certificate during that 60-day period, the court will report the defendant’s conviction on the traffic charge or charges to the BMV. In either case, the defendant’s waiver payment will not be refunded.
In order to participate in the Traffic Safety Program, the defendant may not hold a Class A, B, or C operator’s license.