Wednesday, August 19, 2009

7:12-3. Pleas of Not Guilty and Pleas of Guilty by Mail in Certain Traffic or Parking Offenses

7:12-3. Pleas of Not Guilty and Pleas of Guilty by Mail in Certain Traffic or Parking
Offenses
(a) Use of Pleas by Mail; Limitations. In all traffic or parking offenses, except as
limited below, [a defendant may resolve the case by way of a guilty plea by mail or may
plead not guilty and submit a written defense for use at trial by mail. The] the judge may
permit the defendant to enter a guilty plea by mail, or to plead not guilty by mail and
submit a written defense for use at trial, if a personal appearance by the defendant
would constitute an undue hardship such as illness, physical incapacity, substantial
distance to travel, or incarceration. This procedure shall not be available in the following
types of cases:
(1) traffic offenses or parking offenses that require the imposition of a mandatory
loss of driving privileges on conviction;
(2) traffic offenses or parking offenses involving an accident that resulted in
personal injury to anyone other than the defendant;
(3) traffic offenses or parking offenses that are related to non-traffic matters that
are not resolved;
(4) any other traffic offense or parking offense when excusing the defendant’s
appearance in municipal court would not be in the interest of justice.
(b) ... no change

(c) ... no change

(d) ... no change

(e) ...no change