S921

An Act allowing the dismissal of certain motor vehicle violations, supplementing Title 39 of the Revised Statutes, and amending P.L.1995, c.157.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) a. If after an arrest, accident investigation, traffic stop, or other law enforcement action, it appears that: (1) a fineable violation set forth in chapter 3 of this Title has occurred (2) none of the disqualifying conditions set forth in subsection b. of this section exist, and (3) the investigating officer decides to take enforcement action, the officer shall prepare and issue a ticket pursuant to section 13 of P.L.1995, c.157 (C.39:8-71). The investigating officer shall inform the person to whom the ticket is issued that the alleged violation shall be dismissed if the person provides acceptable documentation demonstrating that the alleged violation has been corrected on or before the date the person is scheduled to appear in court. Acceptable documentation shall be provided to the appropriate court having jurisdiction where the alleged violation occurred.

b. Pursuant to subsection a. of this section, a person cited for a violation covered under P.L. , c. (C. ) (pending before the Legislature as this bill) shall be permitted the opportunity to correct the alleged violation before the person is scheduled to appear in court, unless the investigating officer finds any of the following:

(1) evidence of fraud or persistent neglect;

(2) the violation presents an immediate safety hazard;

(3) the violation is the result of unapproved after-market modifications;

(4) the violation relates to the taking of breath or blood samples for the purpose of making chemical tests to determine alcohol concentration;

(5) the violation relates to a suspended license of any kind; or

(6) the person does not agree to, or cannot, promptly correct the violation.

c. If any of the conditions set forth in subsection b. of this section exist, the procedures specified in P.L. , c. (C. ) (pending before the Legislature as this bill) are inapplicable, and the investigating officer may take other appropriate enforcement action.

d. For each violation cited pursuant to subsection a. of this section, upon receiving acceptable documentation of correction, the court having jurisdiction over the violation may collect court costs up to but not exceeding $33 or a value equaling 25 percent of the fine associated with the original violation had it not been corrected,

whichever is less. The fees shall be deposited pursuant to N.J.S.22A:3-5.

2. (New section) a. An investigating officer shall notify a person cited for any fineable violation set forth in chapter 3 of this Title that the person has the opportunity to correct the alleged violation prior to the person’s scheduled court date by providing documentation of correction in accordance with the provisions of subsection c. of this section unless the officer finds that any of the disqualifying conditions specified in subsection b. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) exist.

b. An exact, legible copy of the ticket containing the violation that may be corrected shall be delivered to the person cited for a correctable violation at the time the person is cited.

c. An invoice from a licensed auto body repair facility indicating that the required repair was made or a receipt for the part needed to make the repair along with a time-stamped video or photograph showing the completed repair and the vehicle’s license plate or other identifying mark shall constitute acceptable documentation for equipment violations. Acceptable documentation for driver’s license, registration, and insurance violations shall be provided to the defendant by the New Jersey Motor Vehicle Commission or the defendant’s insurance agency, as appropriate. A judge may grant an extension to any defendant who required an appointment at a New Jersey Motor Vehicle Commission location to correct an alleged violation and made a bona fide effort to secure one, but was unable to secure an appointment due to a lack of available appointments or cancellations and office closures.

d. Whenever the court having jurisdiction where the alleged violation occurred does not receive acceptable documentation that an alleged violation has been corrected on or before the date the defendant is scheduled to appear, and no extension has been granted pursuant to subsection c. of this section, the fine for the violation and associated court costs shall be collected in full.

3. Section 13 of P.L.1995, c.157 (C.39:8-71) is amended to read as follows:

13. a. A complaint and summons charging a violation of this act or any rule or regulation adopted pursuant thereto and seeking the imposition of a civil penalty in accordance with the provisions of this act or any rule or regulation adopted pursuant to this act shall be a ticket in the form prescribed by the Administrative Director of the Courts pursuant to the Rules Governing the Courts of the State of New Jersey and may contain information advising the persons to whom it is issued of the manner in which and time within which an answer to the alleged violation is required. The ticket may also advise that penalties may result from a failure to answer, that the failure to answer or appear shall be considered an admission of liability, and that a default judgment may be entered. Service of the ticket shall be subject to the Rules Governing the Courts of the
State of New Jersey. The ticket may be served personally upon the operator of a vehicle, and the owner's or the lessee's name may be recorded on the ticket, together with the plate number and state or jurisdiction as shown by the registration plates of the vehicle and the make or model of the vehicle. A ticket may be served upon the owner or the lessee of the vehicle by affixing the ticket to the vehicle in a conspicuous place. A ticket may be served by mail upon the owner or the lessee of the vehicle on file with the commission, or the licensing authority of another jurisdiction by mailing the ticket to the vehicle owner or lessee by regular or certified mail to the address on file with the commission, or the licensing authority of another jurisdiction. Service of a ticket by regular or certified mail shall have the same effect as if the ticket were served personally, subject to the Rules Governing the Courts of the State of New Jersey.

b. Subject to the Rules Governing the Courts of the State of New Jersey, the ticket shall contain sufficient information to identify the person or persons charged and to inform them of the nature, date, time and location of the alleged violation. Subject to the Rules Governing the Courts of the State of New Jersey, the original of the ticket shall be signed by the complaining witness, who shall certify to the truth of the facts set forth therein. Any person may serve as the complaining witness. For the purposes of the certification, the complaining witness may rely upon information from the commission, or the Division of State Police, upon official reports, and upon any form prepared in accordance with subsection c. of section 8 of this act. The original ticket or a true copy of the ticket shall be considered a record kept in the ordinary business of the commission and shall be prima facie evidence of the facts contained therein.

c. Any operator who drives a vehicle in this State when the owner or lessee of that vehicle causes, authorizes, or otherwise permits such operation shall be the owner's or lessee's agent for service of any ticket, process, or penalty or other notice against the owner or lessee arising out of any alleged violation of this act or any rule or regulation adopted pursuant thereto. The owner and the lessee, if any, of a vehicle driven by any operator in this State shall be the operator's agent or agents for service of any ticket, process, or penalty or other notice arising out of any alleged violation of section 10 of this act pertaining to a roadside inspection. Subject to the Rules Governing the Courts of the State of New Jersey, any service of ticket, process, or penalty or other notice served on an operator who operates in this State, or on an owner or lessee of the vehicle, shall also constitute service upon the remaining persons, so long as the ticket, process, or penalty or other notice advises the person actually served of that person's responsibility to notify the remaining persons.

d. Subject to the Rules Governing the Courts of the State of
New Jersey, judicial proceedings under this act may be instituted on any day of the week, and the institution of the proceedings on a Sunday or a holiday shall not be a bar to the successful prosecution thereof. Subject to the Rules Governing the Courts of the State of New Jersey, any process served on a Sunday or holiday shall be as valid as if served on any other day of the week.

e. A municipal court before which proceedings pursuant to this act are instituted shall, subject to the Rules Governing the Courts of the State of New Jersey, immediately, upon expiration of the time for a defendant to answer or appear: (1) with respect to a resident of New Jersey, mail notice as provided in the Rules Governing the Courts of the State of New Jersey; or (2) with respect to a non-resident of New Jersey, mail notice as provided in the Rules Governing the Courts of the State of New Jersey. The notice shall be upon a form approved by the Administrative Director of the Courts that informs the defendant of the following: the infraction charged; the time and date of the infraction; the amount of penalties due; the defendant's right to have a hearing; and that a civil judgment may be entered against the defendant for failure to answer or appear or pay the amount of penalties due. Upon failure to answer or appear in response to the notice, the court shall give notice of that fact to the commission in a manner prescribed by the commission, and money judgment shall be entered and execution shall issue in accordance with the Rules Governing the Courts of the State of New Jersey. If the judgment has been docketed in the Superior Court pursuant to section 15 of this act, execution shall be under the jurisdiction of that court. In no case of an unsatisfied judgment shall an arrest warrant or execution against the body of the defendant issue unless otherwise provided by the Rules Governing the Courts of the State of New Jersey. If notice has been given under this subsection of a person's failure to respond to a failure to appear notice and if the person appears or if the case is dismissed or otherwise disposed of, the court shall promptly give notice to that effect to the commission.

f. If the defendant is the owner or lessee of a vehicle that is the subject of the violation and if the defendant fails to respond to a failure to appear notice, the judge or the commission may suspend the registration privileges of the defendant in this State. The commission shall keep a record of a suspension ordered by the court pursuant to this subsection. If the registration privileges of the defendant have been suspended pursuant to this subsection and if the defendant appears or the case is disposed of and if the defendant satisfies all penalties and costs that are owing, the court shall forward to the commission a notice to restore the defendant's registration privileges. Upon receiving a notice to restore and upon the defendant's payment of the restoration fee in accordance with section 23 of P.L.1975, c.180 (C.39:3-10a), the commission shall record the restoration and notify the defendant of the restoration.
g. Whenever the defendant is cited for violations specified in section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) and none of the disqualifying conditions set forth in subsection b. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) exist, and the officer issues a ticket, the ticket shall specify the offense charged and the officer shall inform the defendant of the opportunity to correct the alleged violation prior to the person’s scheduled appearance date as provided in section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill). If the defendant presents acceptable proof of correction, as prescribed in section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) on or before the person’s scheduled appearance date, the court shall dismiss the violation charged pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).

(cf: P.L.2003, c.13, s.86)

4. This act shall take effect on the first day of the third month next following the date of enactment.

STATEMENT

This bill allows for the dismissal of certain motor vehicle violations contained in chapter 3 of Title 39. The fineable violations set forth in chapter 3 of Title 39 typically address correctable issues such as equipment failures, expired registrations and licenses, and failure to exhibit the documents required to operate a motor vehicle in the State. All moving violations are contained in chapter 4 of Title 39.

When an officer, in the course of the officer’s regular enforcement duties, observes a correctable violation and none of the extenuating circumstances specified in the bill exist, the officer is required to issue a ticket that contains the correctable violation and immediately inform the person cited that the person has the opportunity to fix the issue and have the violation dismissed. Under the bill, dismissal of an alleged violation requires a defendant to submit acceptable proof of correction to the court on or before the person’s scheduled appearance date.

If the defendant makes the required correction and provides acceptable verification to the court having jurisdiction over the violation, the original charge is required to be dismissed. If the defendant fails to provide acceptable verification that the issue was corrected to the court, the fine for the violation is required to be collected in full. Regardless of dismissal, court costs may be collected at the discretion of the court for each violation.