DEFERRED SENTENCING MUNICIPAL TRAFFIC VIOLATIONS
A deferred sentence is a way you avoid a conviction on your record and avoid points being assessed against your driver’s license. It requires you to plead guilty or no contest to the charges and pay the fine and costs; however, the conviction and points are not reported to the Department of Motor Vehicles (and are not reported to your insurance company).
Deferred sentences are deferred for a period of up to twelve (12) months. If you are not adjudicated, convicted, or found guilty of any additional traffic offenses which occur after the plea date, and you pay the fine and costs, and you comply with any other conditions ordered by the Court, the conviction of a traffic offense will never enter and the case will be entered as dismissed in its entirety after the expiration of the deferred sentence period.
You are eligible for a deferred sentence if you have a clean driver history for the last three (3) years (including deferred sentences). There is an additional $20 deferred sentence fee for a deferred sentence under these circumstances.
You are eligible for a deferred sentence if you have a relatively minor driver history for the last three (3) years ((no more than two (2) violations (including deferred sentences) with no more than a total point assessment of eight (8) points)). There is an additional $50 deferred sentence fee for a deferred sentence under these circumstances.
You are not eligible for a deferred sentence if you have any previous cases in collections.
If you are under twenty-one (21) years of age on the date of offense, a condition of every deferred sentence will include a Traffic School.
If you are charged with any violation which carries six (6) points or more, you may be eligible for deferred sentencing; however, only after appearing in front of the Judge following an arraignment / advisement of rights session of court and making that specific request.
You will not be given a deferred sentence on the date of trial. Some specific offenses are not eligible for deferred sentencing under any circumstances.
To achieve consistency regarding situations in which defendants on pending traffic deferred sentences are issued new traffic tickets, the following policy is implemented:
If a Defendant with a pending traffic deferred sentence is issued a new traffic ticket, the Defendant will have several options:
- The Defendant may plead not guilty and set the matter for trial. If the Defendant is found not guilty, there will be no impact on the pending traffic deferred sentence. If the Defendant is found guilty, the Court may or may not revoke the pending traffic deferred sentence.
- The Defendant may plead guilty or no contest (no deferred sentence), pay the standard fine, pay the costs, and the pending traffic deferred sentence will be revoked (conviction and points certified to D.M.V.).
- The Defendant may plead guilty or no contest (no deferred sentence), pay twice the standard fine (up to $1,000), pay the costs, and the pending traffic deferred sentence will not be revoked. NOTE: This option is available one (1) time during any pending deferred sentence.
As a result of this policy, the Court will apply a strict adherence to deferred sentencing dismissal dates.
Any deviations from this policy must be approved by the Court Administrator or the Judge.