Court rule 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. Use of Pleas by Mail; Limitations.  In all traffic or parking offenses, except as limited below, 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.  The Administrative Director of the Courts may designate certain traffic or parking offenses as exempt from the hardship requirement.  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) Plea of Guilty by Mail.
  
  • (1) In those cases where a defendant may enter a plea of guilty to a traffic offense or parking offense by mail, such plea shall include:
    
    • (A) an acknowledgement that defendant committed the traffic violation or parking offense set forth in the complaint(s);
    • (B) a waiver of the defendant's right to contest the case at a trial, the right to appear personally in court and, if unrepresented by an attorney, the right to be represented by an attorney;
    • (C) an acknowledgement by the defendant that the plea of guilty is being entered voluntarily;
  • (2) A plea of guilty to a traffic offense or parking offense by mail may also include a statement for the court to consider when determining the appropriate sentence.
• (c) Plea of Not Guilty by Mail
  
  • (1) In those cases where a defendant may enter a plea of not guilty to a traffic offense or parking offense and submit any defense to the charge(s) by mail, such not guilty plea and defense shall include the following:
    
    • (A) A waiver of the defendant's right to appear personally in court to contest the charge(s) and, if unrepresented by an attorney, a waiver of the right to be represented by an attorney;
    • (B) Any factual or legal defenses that the defendant would like the court to consider;
  • (2) A defense to a traffic offense or parking offense submitted by mail may also include a statement for the court to consider when deciding on the appropriate sentence in the event of a finding of guilty.
• (d) Forms. Any forms necessary to implement the provisions of this rule shall be approved by the Administrative Director of the Courts.
• (e) Judgment. If a defendant elects to enter a plea of guilty or to enter a plea of not guilty under the procedures set forth in this rule, the court shall send the defendant a copy of the judgment by ordinary mail.