Instructions to Police Officers on Traffic Tickets

he following information must be printed on the back of the outside cover of each book of Uniform Traffic Tickets:
INSTRUCTIONS TO OFFICERS

A. GENERAL

1. At all times be COURTEOUS, FAIR and HONEST. Remember that public opinion of traffic enforcement is judged almost entirely by your conduct.

2. When issuing every Uniform Traffic Ticket:
DO –

Introduce yourself to the driver by saying,
“I am (give your rank, name and the name of the enforcement agency you represent).”
- Ask for the driver’s license, registration certificate and insurance identification card.
- Advise the driver of the offense committed.
- Advise the driver that you are going to issue a Uniform Traffic Ticket charging that offense.
- Ask for any additional information necessary to fill out the Uniform Traffic Ticket.
- Check the boxes “65 MPH Zone,” “Safe Corridor” or “Construction Zone” when applicable to the offense charged.
- Always check the box “Court Appearance Required” in accordance with R. 7:12-4(d) in addition to checking the “Accident” and Personal Injury” boxes if the offense involves an accident resulting in personal injury.
In addition, the box for “Court Appearance Required” must also be checked if the charge involves: (1) speeding 40 MPH or more above the posted speed limit in any vehicle; (2) speeding 20 MPH or more above the posted speed limit in a “Safe Corridor” or ”Construction Zone”; or (3) the following the operation of a commercial vehicle (see N.J.S.A. 39:3-10.11):
a) Excessive speeding – 15 MPH or more above the speed limit.
b) Reckless driving, including violations of N.J.S.A. 39:4-96.
c) Improper or erratic traffic lane changes.
d) Following a vehicle ahead too closely, including violations of N.J.S.A. 39:4-89.
- Always charge only one offense per ticket.
- Fill out the Uniform Traffic Ticket and hand it to the driver.

DO NOT –
- “Lecture” the driver.
- Quiz drivers on their knowledge of traffic laws.
- Indulge in personal remarks or altercations.

3. In filling out a ticket, preferably use a ball-point pen, applying steady pressure so that all copies will be legible. Print all information so that it is legible.

4. File the Uniform Traffic Ticket with the court without delay.

5. File the police copy in accordance with your departmental regulations.

6. Keep your officer’s copy in the event that your testimony in court is required.

7. Give the defendant the hard copy of the Uniform Traffic Ticket. For parking offenses, the defendant’s copy may also be affixed to the vehicle.

B. OFFICER’S COMMENTS
(See back of Officer’s Copy)
It is very important to fill in the OFFICER’S COMMENTS section provided on the back of the officer’s copy of the Uniform Traffic Ticket. Use this space to describe briefly the circumstances of the offense. There are always one or more relevant comments that you should note. Include every fact which will assist you in testifying, including:
-Facts about speed, distance and course of travel or position of the motor vehicle.
-In careless or reckless driving cases, the details which indicate that such offense was committed.
-Statements by the driver and general attitude.
-Other helpful comments or observations.
-Amendments to tickets are within the sole province of the judge acting, when appropriate, in open court.

Consequences of a Criminal Guilty Plea

1. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s)

2. Do you understand that if you plead guilty:

a. You will have a criminal record

b. You may go to Jail or Prison.

c. You will have to pay Fines and Court Costs.

3. If you are on Probation, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail.

4. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing.

5. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution.

6. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty.

7. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty.

8. You must wait 5-10 years to expunge a first offense. 2C:52-3

9. You could be put on Probation.

10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your driver's license for 6 months - 2years. You must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30.

11. You may be required to do Community Service.

12. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty.

13. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction.

14. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation.

15. You lose the presumption against incarceration in future cases. 2C:44-1

16. You may lose your right to vote.

The defense of a person charged with a criminal offense is not impossible. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of a criminal offense.

Jail for Crimes and Disorderly Conduct:

If someone pleads Guilty or is found Guilty of a criminal offense, the following is the statutory Prison/Jail terms.

NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years;

(2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years;

(3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years;

(4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months.

2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed:

a. (1) $200,000.00 when the conviction is of a crime of the first degree;

(2) $150,000.00 when the conviction is of a crime of the second degree;

b. (1) $15,000.00 when the conviction is of a crime of the third degree;

(2) $10,000.00 when the conviction is of a crime of the fourth degree;

c. $1,000.00, when the conviction is of a disorderly persons offense;

d. $500.00, when the conviction is of a petty disorderly persons offense;

If facing any criminal charge, retain an experienced attorney immediately to determine you rights and obligations to the court.