Municipal prosecutors advised not to reduce traffic
tickets to no point violations for teen drivers
This does not prohibit a hiring an attorney
to plea bargain or have a trial to reduce to two point violations or for more
serious violations. Hiring a good trial attorney will usually cost more than
$500.
Inexperienced young attorneys
sometimes charge less.
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Attorney
General Directs No Plea Bargains for Teen Drivers 2008
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Trenton, NJ – Following a key
recommendation of the Teen Drivers Study Commission, Attorney General Anne Milgram
has directed municipal prosecutors not to offer or accept plea bargains to
teen drivers with Graduated Drivers’ Licenses for motor vehicle violations
that carry points.
The directive is aimed at ensuring
that new drivers participate in driver improvement programs that are
mandatory for young drivers who accumulate three or more points. The
directive specifically bars pleas to a violation of operating a motor vehicle
in an unsafe manner, a plea that avoids the assessment of points.
The Teen Drivers Study Commission
recommended the action because a provision of the Graduated Drivers License
system had been undermined by plea offers to no-point offenses.
“It is necessary for prosecutors to
differentiate GDL holders from regular licensees when determining an
appropriate plea offer,” Milgram wrote in a memorandum sent to all municipal
and county prosecutors on Wednesday. “GDL holders are probationary drivers
and it is entirely appropriate that they be held strictly accountable for all
motor vehicle violations.’’
A GDL holder who is charged with a
motor vehicle violation does not have a sustained record of safe and lawful
driving, which is an important factor that prosecutors consider when
determining negotiated resolution of charges. Therefore, pleading motor
vehicle violations to no-point offenses allows GDL drivers to escape remedial
measures and leaves high-risk and inexperienced drivers on the road.
“The need to deter and remediate
driving offenses is greater with respect to new, young drivers,’’ Milgram
said.
Pam Fischer, the director of the
Division of Highway Traffic Safety and the chairwoman of the Teen Driver
Study Commission, said, “This directive represents a significant step forward
in our efforts to ensure that teen drivers are not only kept safe and free
from harm behind the wheel, but when they do violate motor vehicle laws, they
are properly sanctioned and receive training that will protect them in the
future. We now have a way to effectively identify teens that have
demonstrated unsafe driving behaviors and address them before they result in
tragedy on our roadways.
“One of 14 priority recommendations
made by the Division, the directive is a major step forward for safety. The
Commission thanks the Attorney General for her commitment to teen driver
safety and looks forward to continuing to work closely with her, the
Governor’s Office, and the Legislature as we move forward with the
Commission’s recommendations to help reduce crashes and save lives.”
A copy of the directive and the full
Teen Driver Study Commission report is available on line at www.njsaferoads.com.
View directive -
115k pdf
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See also http://www.nj.com/news/index.ssf/2008/09/no_more_plea_bargains_for_nj_t.html
