2006 Ohio Revised Code - 2152.21. Disposition of juvenile traffic offender.

§ 2152.21. Disposition of juvenile traffic offender.
 

(A)  Unless division (C) of this section applies, if a child is adjudicated a juvenile traffic offender, the court may make any of the following orders of disposition: 

(1) Impose costs and one or more financial sanctions in accordance with section 2152.20 of the Revised Code; 

(2) Suspend the child's driver's license, probationary driver's license, or temporary instruction permit for a definite period not exceeding two years or suspend the registration of all motor vehicles registered in the name of the child for a definite period not exceeding two years. A child whose license or permit is so suspended is ineligible for issuance of a license or permit during the period of suspension. At the end of the period of suspension, the child shall not be reissued a license or permit until the child has paid any applicable reinstatement fee and complied with all requirements governing license reinstatement. 

(3) Place the child on community control; 

(4) If the child is adjudicated a juvenile traffic offender for an act other than an act that would be a minor misdemeanor if committed by an adult and other than an act that could be disposed of by the juvenile traffic violations bureau serving the court under Traffic Rule 13.1 if the court has established a juvenile traffic violations bureau, require the child to make restitution pursuant to division (A)(3) of section 2152.20 of the Revised Code; 

(5) (a) If the child is adjudicated a juvenile traffic offender for committing a violation of division (A) of section 4511.19 of the Revised Code or of a municipal ordinance that is substantially equivalent to that division, commit the child, for not longer than five days, to either of the following: 

(i) The temporary custody of a detention facility or district detention facility established under section 2152.41 of the Revised Code; 

(ii) The temporary custody of any school, camp, institution, or other facility for children operated in whole or in part for the care of juvenile traffic offenders of that nature by the county, by a district organized under section 2151.65 or 2152.41 of the Revised Code, or by a private agency or organization within the state that is authorized and qualified to provide the care, treatment, or placement required. 

(b) If an order of disposition committing a child to the temporary custody of a home, school, camp, institution, or other facility of that nature is made under division (A)(5)(a) of this section, the length of the commitment shall not be reduced or diminished as a credit for any time that the child was held in a place of detention or shelter care, or otherwise was detained, prior to entry of the order of disposition. 

(6) If, after making a disposition under divisions (A)(1) to (5) of this section, the court finds upon further hearing that the child has failed to comply with the orders of the court and the child's operation of a motor vehicle constitutes the child a danger to the child and to others, the court may make any disposition authorized by divisions (A)(1), (3), (4), and (7) of section 2152.19 of the Revised Code, except that the child may not be committed to or placed in a secure correctional facility unless authorized by division (A) (5) of this section, and commitment to or placement in a detention facility may not exceed twenty-four hours. 

(B)  If a child is adjudicated a juvenile traffic offender for violating division (A) or (B) of section 4511.19 of the Revised Code, in addition to any order of disposition made under division (A) of this section, the court shall impose a class six suspension of the temporary instruction permit, probationary driver's license, or driver's license issued to the child from the range specified in Division (A)(6) of section 4510.02 of the revised code.  The court, in its discretion, may terminate the suspension if, the child attends and satisfactorily completes a drug abuse or alcohol abuse education, intervention, or treatment program specified by the court. During the time the child is attending a program as described in this division, the court shall retain the child's temporary instruction permit, probationary driver's license, or driver's license issued, and the court shall return the permit or license if it terminated the suspension as descried in this division. 

(C)  If a child is adjudicated a juvenile traffic offender for violating division (B)(1) of section 4513.263 [4513.26.3] of the Revised Code, the court shall impose the appropriate fine set forth in division (G) of that section. If a child is adjudicated a juvenile traffic offender for violating division (B)(3) of section 4513.263 [4513.26.3] of the Revised Code and if the child is sixteen years of age or older, the court shall impose the fine set forth in division (G)(2) of that section. If a child is adjudicated a juvenile traffic offender for violating division (B)(3) of section 4513.263 [4513.26.3] of the Revised Code and if the child is under sixteen years of age, the court shall not impose a fine but may place the child on probation or community control. 

(D)  A juvenile traffic offender is subject to sections 4509.01 to 4509.78 of the Revised Code. 
 

HISTORY: RC § 2151.35.6, 133 v H 320 (Eff 11-19-69); 133 v H 931 (Eff 8-27-70); 137 v H 1 (Eff 8-26-77); 137 v H 222 (Eff 10-4-77); 141 v S 54 (Eff 5-6-86); 141 v H 428 (Eff 12-23-86); 142 v H 643 (Eff 3-17-89); 143 v H 330 (Eff 6-30-89); 143 v H 381 (Eff 7-1-89); 143 v S 131 (Eff 7-25-90); 144 v H 118 (Eff 6-1-92); 144 v H 154 (Eff 7-31-92); 144 v S 98 (Eff 11-12-92); 146 v H 1 (Eff 1-1-96); 146 v H 265 (Eff 3-3-97); 147 v S 35 (Eff 1-1-99); 147 v H 2 (Eff 1-1-99); 148 v S 181 (Eff 9-4-2000); RC § 2152.21, 148 v S 179, § 3 (Eff 1-1-2002); 149 v H 400, § 1. Eff 4-3-2003; 149 v S 123, § 1, eff. 1-1-04; 150 v H 52, § 1, eff. 6-1-04.
 

See provisions, § 5 of S.B. 123 (149 v  - ), following RC § 2152.19. 

 

Effect of Amendments

150 v H 52, effective June 1, 2004, rewrote (A)(4); and made minor stylistic changes. 

S.B. 123, Acts 2002, effective January 1, 2004, substituted "permit for a definite period not exceeding two years or suspend" for "permit or" in (A)(2); rewrote (B); in (C), substituted "(B)(1) of section 4513.263" for "(B)(1) or (2) of section 4513.263", "division (G) of that section" for "in section 4513.99 of the Revised Code", and "division (G)(2) of that section" for "in division (G) of section 4513.99 of the Revised Code"; and made minor stylistic changes. 

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