Ohio Traf. R. 2

As amended through October 29, 2024
Rule 2 - Definitions

As used in these rules:

(A) "Traffic case" means any proceeding, other than a proceeding that includes an alleged violation of Title 29 of the Revised Code, that involves one or more alleged violations of a law, ordinance, or regulation governing the operation and use of vehicles, conduct of pedestrians in relation to vehicles, or weight, dimension, loads or equipment, or vehicles drawn or moved on highways and bridges.
(B) "Traffic ticket" means the traffic complaint and summons described in Traffic Rule 3 and that appears in the Appendix of Forms.
(C) "Highway" includes a street or an alley.
(D) "Petty offense" means an offense for which the penalty prescribed by law includes confinement for six months or less.
(E) "Serious offense" means an offense for which the penalty prescribed by law includes confinement for more than six months.
(F) "Court" means a municipal court, county court, juvenile division of the court of common pleas, or mayor's court.
(G) "Judge" means judge of a municipal court, county court, or juvenile division of the court of common pleas, a magistrate of a municipal or county court, or a mayor or mayor's court magistrate presiding over a mayor's court.
(H) "Prosecuting attorney" means the attorney general of this state, the prosecuting attorney of a county, the law director, city solicitor, or other officer who prosecutes a criminal case on behalf of the state or a city, village, township, or other political subdivision, and the assistant or assistants of any of them.
(I) "State" means this state, a county, city, village, township, other political subdivision or any other entity of this state that may prosecute a criminal action.
(J) "Clerk of court" means the duly elected or appointed clerk of any court of record, or the deputy of any of them, and either the mayor of a municipal corporation having a mayor's court or any clerk appointed by the mayor.
(K) "Appear," "appearance," or "in person" mean the physical or remote presence of an individual.
(L) "Attendance" means the physical or remote presence of an individual.
(M) "Open court" includes a court proceeding open to the public in person or by remote access to the live proceeding.
(N) "Personal" or "Personally" means the physical or remote presence of an individual except as provided by Traf.R. 3(E)(1).
(O) "Present" means the physical or remote presence of an individual.
(P) "Remote presence" means the presence of a person who is using live two-way video and/or audio technology.

Ohio. Traf. R. 2

Effective:1/1/1975; amended 2/1/2002; 1/1/2006; 1/1/2010; amended effective 7/1/2022.

Traffic Rules Review Commission

Commentary (January 1, 2006 Amendment)

The amendment deleting the definition of "Review Commission" is made upon transition of the oversight of the Ohio Traffic Rules from the Review Commission to the Commission on the Rules of Practice and Procedure in Ohio Courts as adopted by the Supreme Court of Ohio effective January 1, 2006.

Traffic Rules Review Commission

Commentary (February 1, 2002 Amendment)

The amendment to the definition of "traffic case" clarifies that the Ohio Traffic Rules do not apply in proceedings that arise from a felony indictment. In traffic cases that arise from a felony indictment, such as felony drunk driving cases, the Ohio Rules of Criminal Procedure would apply. See Rule 1(C), Ohio Rules of Criminal Procedure.

The amendment also corrects references to certain courts and makes other nonsubstantive changes.