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In re S.A.R.

Court of Appeals of Ohio, Twelfth District, Madison

January 22, 2018

IN THE MATTER OF: S.A.R.

          APPEAL FROM MADISON COUNTY COURT OF COMMON PLEAS JUVENILE DIVISION Case No. 21710010

          Jeremy Dodgion, 1188 South High Street, Columbus, Ohio 43206, for appellant, S.A.R.

          Stephen J. Pronai, Madison County Prosecuting Attorney, Rachel M. Price, 59 North Main Street, London, Ohio 43140, for appellee, state of Ohio

          OPINION

          HENDRICKSON, P.J.

         {¶ 1} Appellant, S.A.R., a juvenile, appeals from a decision of the Madison County Court of Common Pleas, Juvenile Division, denying his motion to withdraw his no contest plea to a speeding violation. For the reasons set forth below, we affirm the decision of the juvenile court.

         {¶ 2} On January 15, 2017, S.A.R. was stopped by law enforcement on U.S. 40 in Jefferson Township, Ohio, and was issued a citation for speeding in violation of R.C. 4511.21(D)(2). The officer's radar recorded S.A.R.'s vehicle traveling 70 m.p.h. in a 50-m.p.h. zone.

         {¶ 3} A hearing was held on January 31, 2017, and S.A.R. appeared before the court with his father. At this time, S.A.R. and his father indicated they had reviewed and signed both the Madison County Juvenile Rights and Procedures Form as well as the Juvenile Rule 3 Requirement Form. The Rights and Procedures Form advised S.A.R. and his father as follows:

         RIGHTS AND PROCEDURES

         The following information constitutes the arraignment procedure in Juvenile Court for complaints alleging violations of the traffic code.

         You have the following rights which you may exercise or waive:

1. You may deny the charge and request a trial before the Court at which time the county prosecutor will be required to prove the case beyond a reasonable doubt before you can be adjudicated a juvenile traffic offender. The trial is usually scheduled three to four weeks from the date of the arraignment.
a. You may cross-examine and ask questions of any witness who testifies to prove the charge at trial.
b. You may testify yourself, if you wish. You cannot be compelled to testify and you may remain silent on a denial at trial.
c. You may call anyone to testify upon your request. The witnesses you wish to testify can be compelled to appear for you by filing with the Court a request, in writing, called a precipe for subpoena, stating the name and address of the witness, and if they can be located by the sheriff prior to trial, they will be required to attend.
d. You may be represented by an attorney and can be granted a continuance for an opportunity to consult an attorney e. A recording will be made of the proceedings.

         2. You may admit the charge and the Court will proceed to disposition or continue the case for deposition at a later date.

         DISPOSITION FOR TRAFFIC CASES

         The Court MAY impose the following penalties for any first time juvenile traffic offender:

1. Suspend or revoke the juvenile's operator's license for ...

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