7:8-9. Procedures on Failure to Appear
(a) ... no change
(b) Driving Privileges; Report to Motor Vehicle Commission. [ Division of Motor
Vehicles ]
(1) Non-Parking Motor Vehicle Cases. If the court has not issued an arrest
warrant upon the failure of the defendant to comply with the court's failure to appear
notice, the court shall report the failure to appear or answer to the Chief Administrator of
the Motor Vehicle Commission [Division of Motor Vehicles] on a form approved by the
Administrative Director of the Courts within 30 days of the defendant's failure to appear
or answer. The court shall then mark the case as closed on its records, subject to being
reopened pursuant to subparagraph (e) of this rule. If the court elects, however, to issue
an arrest warrant, it may simultaneously report the failure to appear or answer to the
Motor Vehicle Commission [Division of Motor Vehicles] on a form approved by the
Administrative Director of the Courts. If the court does not simultaneously notify the
Motor Vehicle Commission [Division of Motor Vehicles] and the warrant has not been
executed within 30 days, the court shall report the failure to appear or answer to the
Motor Vehicle Commission [Division of Motor Vehicles] on a form approved by the
Administrative Director of the Courts. Upon the notification to the Motor Vehicle
Commission [Division of Motor Vehicles], the court shall then mark the case as closed
on its records subject to being reopened pursuant to subparagraph (e) of this rule.
(2) ... no change
(c) Unexecuted Arrest Warrant. If an arrest warrant is not executed, it shall
remain open and active until the court either recalls, withdraws or discharges it. If bail
has been posted after the issuance of the arrest warrant and the defendant fails to
appear or answer, the court may declare a forfeiture of the bail, report a motor vehicle
bail forfeiture to the Motor Vehicle Commission [Division of Motor Vehicles] and mark
the case as closed on its records subject to being reopened pursuant to subparagraph
(e) of this rule. The court may set aside any bail forfeiture in the interest of justice.
(d) Parking Cases; Unserved Notice. In parking cases, no arrest warrant may be
issued if the initial failure to appear notice is returned to the court by the Postal Service
[post office] marked to indicate that the defendant cannot be located. The court then may
order a [the] suspension of the registration of the motor vehicle or of the defendant’s
driving privileges or defendant's nonresident reciprocity privileges or prohibit the person
from receiving or obtaining driving privileges until the pending matter is adjudicated or
otherwise disposed of. The court shall forward the order to suspend to the Motor Vehicle
Commission [Division of Motor Vehicles] on a form approved by the Administrative
Director of the Courts. The court shall then mark the case as closed on its records, subject
to being reopened pursuant to subparagraph (e) of this rule.
(e) ... no change
(f) Dismissal of Parking Tickets. In any parking case, if the municipal court fails,
within three years of the date of the violation, to either issue a warrant for the
defendant's arrest or to order a suspension of the registration of the vehicle or the
defendant’s driving privileges or the defendant's non-resident reciprocity privileges or
prohibit the person from receiving or obtaining driving privileges, the matter shall be
dismissed and shall not be reopened.
