Some traffic charges give you the right to a jury trial, but in most of them you only get a jury if you ask for one in writing and on time. This page explains which cases carry a jury right, how and when to ask, and what happens if you miss the deadline.
Ohio law gives a right to a jury trial for violations of state laws and city ordinances, with exceptions. You do not have a jury right for:
a minor misdemeanor, or
an offense where you cannot be sentenced to jail and the fine cannot be more than $1,000.
To find out which kind of offense you are charged with, check the law cited on your ticket and its penalty section, or ask the clerk.
A "petty offense" is any misdemeanor that is not a "serious offense." A serious offense is a misdemeanor that can carry more than six months in jail. (Crim.R. 2)
In a petty offense case where you have a jury right, the judge decides the case unless you demand a jury. (Crim.R. 23(A)) The Traffic Rules use this same rule. (Traf.R. 9(A))
The judge should tell you at arraignment that you must make this demand. (Traf.R. 8(D)(4))
Your jury demand must be:
in writing, and
filed with the clerk of court
at least 10 days before the trial date, or by the third day after you receive notice of the trial date, whichever is later.
If you do not file on time, you completely give up your right to a jury. (Crim.R. 23(A))
In a serious offense case, you get a jury unless you give it up. Giving it up must be knowing, intelligent, voluntary, and in writing. (Crim.R. 23(A))
Misdemeanor juries have eight members. (Crim.R. 23(B))
If your case is in a mayor's court, you have a jury right, and you make a proper demand, the mayor must transfer the case to another court. That court's clerk will notify you of the trial date by mail. (Traf.R. 9(B)-(C))
Find out whether your charge carries a jury right (R.C. 2945.17).
Write a short document titled "Jury Demand" with the case name, case number, your name, and a sentence such as "Defendant demands a trial by jury." Sign and date it.
File it with the clerk and keep a time-stamped copy. Send a copy to the prosecutor if your court's rules require it.
Check your court's local rules. Courts may have their own forms or procedures, which must be consistent with the Traffic Rules. (Traf.R. 19)
R.C. 2945.17: https://codes.ohio.gov/ohio-revised-code/section-2945.17
Ohio Criminal Rules (Crim.R. 2, 23): https://www.supremecourt.ohio.gov/docs/LegalResources/Rules/criminal/CriminalProcedure.pdf
Ohio Traffic Rules (Traf.R. 8, 9, 19): https://www.supremecourt.ohio.gov/docs/LegalResources/Rules/traffic/Traffic.pdf
This page is general information, not legal advice.
Last verified: 2026-10-13