DAY 4: BASIC TRAFFIC PROCEDURES

Question 1

kinds of traffic tickets

Answer 1

uniform traffic tickets (UTT), e-ticket, parking authority ticketing (PATS)

Question 2

charging documents

Answer 2

traffic ticket and special form of complaint.

Question 3

is there ever bail on a traffic ticket?

Answer 3

NO.

Question 4

who can use UTT/etickets?

Answer 4

1.Law enforcement officer
2.agents or officers of parking authority (parking matters only obv)

Question 5

Who can issue process on a UTT/eticket?

Answer 5

-probable cause determined by Law Enforcement/parking authority who signs the complaint.
-form of process is always a summons. (NEVER A WARRANT)

Question 6

how many offenses can be listed on the UTT/eticket?

Answer 6

only one charge per ticket.

Question 7

how many defendants can be listed on the UTT/eticket?

Answer 7

only one defendant per per ticket.

Question 8

The special form of complaint and summons is used by:

Answer 8

1. law enforcement officer
2. code enforcement (if its within the scope of their duties)
3. private citizens if they are the complaining witness

Question 9

golden rule/accept for filing

Answer 9

to accept for filing every complaint made by any person.

Question 10

what form of process is set on a special form of complaint always?

Answer 10

SUMMON!!!

Question 11

probable cause

Answer 11

an offense has probably been committed AND the person accused probably committed the offense.

Question 12

basis for probable cause (CAST)

Answer 12

1. complaint 2. affidavit 3. sworn testimony

Question 13

special form and complaint summons issue process; probable cause can be determined by:

Answer 13

1. judicial officer
2. law/code enforcement (executive)
   !he who finds it signs it!

Question 14

what are not charging documents?

Answer 14

1. certification in support of probable cause 2. complaint info form 3. filing complaint in municipal court

Question 15

who is considered a judicial officer?

Answer 15

1. judge
2. authorized court administrator
   3.authorized deputy court administrator

Question 16

when is a judicial determination of probable cause required on a special form of complaint and summons?

Answer 16

when the complaining witness is a private citizen. why? the court is neutral and impartial.

Question 17

special form of complaint and summons can not be used for

Answer 17

1.domestic violence
2. indictable offenses or related indictable offenses

Question 18

why is the court required to control tickets? ( control log)

Answer 18

to maintain checks and balances for the separate branches of government.

Question 19

tickets must be promptly delivered to the court. what is the time for a ticket to be entered into MACS upon issuance? local vs state

Answer 19

local- within 4 days of issuance
state- within 7 days of issuance

Question 20

ACCURACY IS CRITICAL IN ORDER TO ENSURE: (j.c.v.a)

Answer 20

-Justice
-Correct answers to questions
-valid info on drivers record
-appropriate management of cases

Question 21

court MAY correct these CLERICAL (nj autopic) errors:

Answer 21

-D/L number
-D/L expiration date
-defendants date of birth
- defendants sex
-defendants eye color code

Question 22

what does clerical mean?

Answer 22

changeable / can edit errors

Question 23

court MAY NOT correct these SUBSTANTIVE errors

Answer 23

-changing statute or ordinance number
-date of offense
-time of offense
-location of offense
-signature of issuing officer

Question 24

what does substantive mean?

Answer 24

can not change/edit errors

Question 25

is placing a moving ticket on a motor vehicle effective form of service?

Answer 25

NO not all. moving tickets can not be affixed to a motor vehicle.

Question 26

should a municipal court ever access MVC in order to update a defendant name address or dl info?

Answer 26

never.

Question 27

should you EVER touch a tickets date?

Answer 27

NEVERRRRRRRRRRR

Question 28

voids

Answer 28

you can VOID a ticket that has not been signed.

Question 29

dismissals

Answer 29

you can only DISMISS a ticket that has been signed.

Question 30

what are the types of voided tickets? (L.I.S.S)

Answer 30

-Lost tickets -Incomplete tickets -Superseded tickets -Spoiled tickets

Question 31

Superseded is different from the other types of voided tickets. How?

Answer 31

Superseded tickets do not need to be voided in open court and put on the record and does not need the request form filled out.

Question 32

types of dismissed tickets (general dismissals)

Answer 32

-lack of prosecution -police officer did not appear -plea agreement -prosecutorial discretion

Question 33

PROCEDURES TO DISMISS LARGE NUMBER OF TICKETS

Answer 33

1. You must pull the report 2. the judge is going to read on the record the ticket info and name and date of offense 3. judge must sign and date the report 4. court admin enters dismissal info into MACS 5. retains report per the retention schedule which is 3 years.

Question 34

how is service completed with parking tickets?

Answer 34

-ticket is served to either the owner or operator - for proper service a ticket for parking may be affixed to a vehicle

Question 35

how us service completed with moving tickets?

Answer 35

-ticket is served to the operator of the vehicle. personal service is required

Question 36

is service by mail effective service?

Answer 36

yes. note: service by ordinary mail is the same as personal service only if the defendant contacts the court.

Question 37

what's the number one priority task in the court office?

Answer 37

ticket and complaint entry

Question 38

DETERMINING MANDATORY COURT APPEARANCE

Answer 38

1. Offense has consequence of magnitude 2. offense has enhanced penalty for 2nd or subsequent offense 3. officer checked court appearance required 4. defendant has entered not guilty plea

Question 39

what's prima facie?

Answer 39

testimony sufficient on the face of the complaint to convince judge of guilt or innocence.

Question 40

THE COURT IS PROVIDED WITH MVC ACCESS FOR THE FOLLOWING PURPOSES:

Answer 40

1. Handicapped parking 2. Judge requires drivers history abstract