RECKLESS OPERATION: Is reckless operation a traffic case?

Reckless operation of a vehicle clearly falls under a "traffic case." A defendant found guilty of a fourth degree misdemeanor cannot be sentenced to more than 30 days in jail. R.C. 2929.21(B)(4). Thus, the advisement that is required in this case is misdemeanor traffic cases involving petty offenses. Such advisement is spelled out in Traf.R. 10(D), which is entitled "Misdemeanor cases involving petty offenses."

Traffic Rule 2 defines which cases fall under the Traffic Rules. It states:

"(A) `Traffic case' means any proceeding, other than a proceeding resulting from a felony indictment, that involves one or more 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. `Traffic case' does not include any proceeding that results in a felony indictment.

"(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." Traf.R. 2.

Traffic Rule 10(D) reads:

"In misdemeanor cases involving petty offenses, except those processed in a traffic violations bureau, the court may refuse to accept a plea of guilty or no contest and shall not accept such pleas without first informing the defendant of the effect of the plea of guilty, no contest, and not guilty."