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POMCA II > DAY 4: BASIC TRAFFIC PROCEDURES > Flashcards

DAY 4: BASIC TRAFFIC PROCEDURES Flashcards

1
Q

kinds of traffic tickets

A

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

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2
Q

charging documents

A

traffic ticket and special form of complaint.

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3
Q

is there ever bail on a traffic ticket?

A

NO.

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4
Q

who can use UTT/etickets?

A

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

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5
Q

Who can issue process on a UTT/eticket?

A

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

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6
Q

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

A

only one charge per ticket.

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7
Q

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

A

only one defendant per per ticket.

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8
Q

The special form of complaint and summons is used by:

A
  1. law enforcement officer
  2. code enforcement (if its within the scope of their duties)
  3. private citizens if they are the complaining witness
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9
Q

golden rule/accept for filing

A

to accept for filing every complaint made by any person.

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10
Q

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

A

SUMMON!!!

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11
Q

probable cause

A

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

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12
Q

basis for probable cause (CAST)

A
  1. complaint 2. affidavit 3. sworn testimony
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13
Q

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

A
  1. judicial officer
  2. law/code enforcement (executive)
    !he who finds it signs it!
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14
Q

what are not charging documents?

A
  1. certification in support of probable cause 2. complaint info form 3. filing complaint in municipal court
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15
Q

who is considered a judicial officer?

A
  1. judge
  2. authorized court administrator
    3.authorized deputy court administrator
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16
Q

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

A

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

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17
Q

special form of complaint and summons can not be used for

A

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

18
Q

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

A

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

19
Q

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

A

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

20
Q

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

A

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

21
Q

court MAY correct these CLERICAL (nj autopic) errors:

A

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

22
Q

what does clerical mean?

A

changeable / can edit errors

23
Q

court MAY NOT correct these SUBSTANTIVE errors

A

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

24
Q

what does substantive mean?

A

can not change/edit errors

25
Q

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

A

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

26
Q

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

A

never.

27
Q

should you EVER touch a tickets date?

A

NEVERRRRRRRRRRR

28
Q

voids

A

you can VOID a ticket that has not been signed.

29
Q

dismissals

A

you can only DISMISS a ticket that has been signed.

30
Q

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

A

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

31
Q

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

A

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.

32
Q

types of dismissed tickets (general dismissals)

A

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

33
Q

PROCEDURES TO DISMISS LARGE NUMBER OF TICKETS

A
  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.
34
Q

how is service completed with parking tickets?

A

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

35
Q

how us service completed with moving tickets?

A

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

36
Q

is service by mail effective service?

A

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

37
Q

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

A

ticket and complaint entry

38
Q

DETERMINING MANDATORY COURT APPEARANCE

A
  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
39
Q

what’s prima facie?

A

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

40
Q

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

A
  1. Handicapped parking
  2. Judge requires drivers history abstract

POMCA II (4 decks)

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