New Jersey Traffic and Criminal Law

Supreme Court to decide crucial case regarding 'no point' violations

     The New Jersey Supreme Court will be hearing arguments today involving the infamous "unsafe driving" statute, often used in municipal court as a plea bargain to original charges like speeding, stop sign violations and red-light rolling.

    The unsafe driving statute, N.J.S.A. 39:4-97.2, provides that an operator of a motor vehicle can plead or be found guilty of the offense and not be assessed motor vehicle commission (MVC) points in the State of New Jersey.  However, this ONLY applies to the first or second conviction or plea.

    In State v. Patel, decided by the Appellate Division last year, the Court ruled that a third conviction, regardless of the amount of time between the second and third offense dates, resulted in the assessment of 4 MVC points. 

    Despite last October's ruling in Patel, the language of the law strongly suggests that a driver should be allowed to take advantage of the no point provision if five years have transpired since the second guilty plea.

    The defendant in Patel argues that the New Jersey Legislature intended to provide relief from motor vehicle penalty points on third offenses following a five year period from the second unsafe driving offense.

    The decision will be published on this blog as soon as it becomes available.

    

How to plead to a traffic ticket

       This might seem very obvious to any lawyer, but many people ask, "how should I plead?" to the traffic ticket they just received.  The answer is "Not Guilty".

       You always want to plead "not guilty" even if you believe that you are, in fact, guilty of the offense with which you are charged.  This entry of "not guilty" allows you to attend court, speak with the prosecutor and maybe have your charge reduced to a lesser offense, one with no or fewer points.

       On the back of your ticket, complaint or summons, you will find the court's name and telephone number.  Many routine traffic tickets do not require a court appearance and so you must call five to seven days in advance of the court date in order to be placed on the court docket.  This allows you to appear in front of the judge and have your case heard.

       Although each municipal court is somewhat different, most will allow you to plea bargain a traffic ticket on your first appearance without the presence of the police officer.  Usually, if it cannot be worked out during this first appearance, then the matter is listed a second time for trial.

       If you are trying to extend the date at which you are to appear, call on the very last day allowed according to the instructions on the back of the ticket or simply ask the court staff for a postponement. 

        Most court dates can be extended once, unless it is a driving while intoxicated (DWI) charge.  DWI tickets are typically fast-tracked so that they may be concluded within 60 days.

      

A possible exception to the GDL "no plea bargain" rule

       Back in October of this year, the N.J. Attorney General sent a directive to all municipal prosecutors stating that anyone driving under the GDL (Graduated Driver's License) program would not be entitled to plea bargains for moving violations.  In other words, if a "Cinderella" operator were charged with speeding or another traffic violation, then the case would go to trial or there would be a guilty plea.

       Seems pretty clear, but an issue has arisen.  What happens when an operator is a graduated driver, but is no longer under 18 years of age?  Theoretically, a GDL driver could have gotten a late start and still not have a full privilege license when they turn 19 and even older.

       Arguably, the rationale for the "no plea rule", as explained by the Governor's Teen Driving Study Commission (which led to the AG's directive), was to monitor and protect teens.  So, there is merit in the position that adults (meaning someone over 18 years of age) should not be subject to the rule, even though they are graduated drivers.

       As is often the case, different courts are interpreting the rule differently.  Some judges are finding that adults can receive the benefits of plea bargaining and others are finding just the opposite. 

Superior Court affirms no plea bargains for DWIs

       With very few exceptions, plea bargains are permitted in municipal court.  The one big exception, drunk driving and driving under the influence, was recently affirmed in State v. Rastogi, decided by the Law Division yesterday. 

       According to New Jersey Plea Agreement Guidelines, "[n]o plea agreements whatsoever will be allowed in drunken driving or certain drugs offenses.  Those offenses are: [a.] Driving while under the influence of liquor or drugs (N.J.S.A. 39:4-50)".  These guidelines apply to plea agreements in municipal court.

       The Superior Court in State v. Rastogi, however, broadened the prohibition of DWI plea bargains to include county prosecutors and their assistants. These types of traffic cases typically do not appear in Superior Court, unless they are accompanied by a more serious charge.  The garden variety case would be a DWI stop where the defendant happens to possess cocaine, an indictable offense.

       The Rastogi court rationalized that the strong public policy stance regarding drunk driving should apply to county prosecutors as well.  So, while murder, rape and armed robbery charges will continue to be "plea bargain-able" (if there is such a word), driving while under the influence cases must go to trial unless there is a guilt plea.

     Download state_v. Rastogi.pdf

Plea to third Unsafe Driving Offense results in Four Points

       The use of a popular "no-point" amendment has been curtailed this past week by the New Jersey Courts.  Unsafe Driving, or N.J.S.A. 39:4-97.2, closely resembles the careless driving statute, but explicitly prohibits the assessment of motor vehicle penalty points by the New Jersey Motor Vehicle Commission (MVC).

       An amendment is a change of a charge made by the prosecutor and accepted by the court.  Typically, the original complaint is amended to a lesser violation as part of a plea bargain.  Many motorists were using Unsafe Driving as part of a plea bargain when ticketed for speeding, careless driving and other minor offenses.

       In Patel v. MVC, the Appellate Division ruled that pleas to a third offense of N.J.S.A. 39:4-97.2 would result in 4 motor vehicle points being assessed, regardless of the amount of time that had transpired between the second and third offense.

       Under the statute, violators can plead without assessment of points for the first and second offense, although the courts have been required to impose a one-time, in-court surcharge of $250.00 since 2004.

     Ironically, a defendant will not be assessed points for a fourth or subsequent offense if 5 years has elapsed since the prior offense.  However, swallowing the bitter pill of the third offense (with 4 points) must come before the benefit of the fourth without points. 

Download copy_of_patel_v. MVC.pdf

Does "dimissed" really mean dismissed?

       Recently, the New Jersey Motor Vehicle Commission began assessing motor vehicle points for tickets marked "dismissed by way of merger."  This form of dismissal was commonplace when a defendant plead guilty to one charge and the remaining were dismissed.

       For example, if a defendant were to plead guilty to DWI, then-- most likely --the prosecutor would dismiss a reckless driving charge by merger, because the reckless driving charge is considered a "lesser included" offense to driving while intoxicated.

       Now, the proper way to ensure a dismissal and no assessment of motor vehicle points is for the prosecutor to make a motion for direct dismissal."

      

New Jersey: GDL Drivers Loose Plea Bargain Option

 

     Hot off the press: New Jersey's Attorney General just announced that GDL drivers would no longer be eligible to plead guilty to lesser, no point violations as part of a plea bargain in municipal court.  Typically, GDL (graduated driver's license) drivers are teens who already face high insurance costs.

     "It is entirely appropriate that [probationary drivers] be held strictly accountable for all motor-vehicle violations," cites the directive from the chief prosecuting attorney.  The directive does not, however, prohibit prosecutors from dismissing charges in the interest of justice.

     The directive, sent to all municipal prosecutors throughout the state, is the first recommendation of the Governor's Teen Driving Study Commission.

     Commonly called a "Cinderella" license, teens are prohibited from driving after 12:00 midnight and before 5:00 a.m. and having more than one non-household passenger.  These rules apply to drivers who have not attained a full, basic driving license.

     Provisional drivers can expect further recommendations from the Commission and directives from the Attorney General's office.