Some people who are charged with an OVI in the Kettering Municipal Court think that they can skip their first appearance. This is not the case. Many traffic and some criminal citations are payable in the Clerk’s Office and do not require a court appearance in front of the judge. These are called “waiverable” citations. You can choose to appear before the judge on your court date for these citations. Or, you can choose to waive your right to a hearing in court, plead guilty and pay your costs and fines for these citations in the Clerk’s Office. Waiverable citations must be taken care of on or before your court date. Your court date is listed near the bottom of your citation.
Other offenses are considered “non-waiverable” – meaning that you must appear before a Judge. Some of the most commonly-cited “non-waiverable” offenses include:
- Indictable felony offenses.
- Operating a motor vehicle while under the influence of alcohol or any drug of abuse, or permitting another person who is under the influence of alcohol or any drug of abuse to operate a motor vehicle owned by the defendant or in his custody or control.
- Reckless driving where charged under Kettering Ordinance as a fourth degree misdemeanor.
- Leaving the scene of an accident.
- Driving under suspension/revocation or without a license when jail is a possible penalty.
- Failure to stop and remain standing upon meeting or overtaking a school bus stopped on the highway for the purpose of receiving or discharging a school child.
- Willfully eluding or fleeing a police officer.
- Passing a stopped school bus.
- Drag racing.
- Drug-related offenses with the exception of public intoxication M-M and M-4.
- All speeding citations which are for 36+ miles per hour over the posted speed limit.
- Wrongful entrustment.
The jurisdiction of the Kettering Municipal Court includes the Cities of Kettering and Centerville or Washington Township. In addition, the Court handles criminal offenses and some traffic offenses which occur in the City of Moraine. If you were cited in Moraine, your ticket will tell you where to appear.
If you find yourself facing an OVI charge in the Kettering Municipal Court, do not miss your court date. If you need to speak to an attorney immediately, please call Charles M. Rowland II at (937) 776-2671. You can also visit KetteringOVI.com for more information about the Kettering Municipal Court.