Friday, 7 August 2015

Arresting Out of State for Traffic Law Breaks

If you have been charged with a traffic summons in New Jersey but you live in another state, it is advisable not to ignore the summons. If you do not pay the amount of the fine or appear in court to contest the ticket, a New Jersey municipal court will likely issue a warrant for your arrest. While an arrest warrant for a New Jersey traffic summons can have serious negative consequences, it will generally not result in an arrest if you are detained in a different state.

The NCIC Database and Warrants
The National Crime Information Center (NCIC) is a computer database maintained by the Federal Bureau of Investigation. The NCIC database is available to federal, state and local law enforcement officials in all 50 states. The NCIC database includes a listing of all persons throughout the United States with outstanding criminal warrants for felony and serious misdemeanor charges.

Punishments for New Jersey Traffic Offenses
Under New Jersey law, a felony offense is involves a potential punishment of at least six months imprisonment. Crimes that do not carry a potential sentence of imprisonment or those that can result in no more than six months imprisonment are classified as disorderly persons offenses. Under New Jersey law, most traffic offenses are considered disorderly persons offenses because they do not incur jail sentences.

NJ Traffic Summonses in the NCIC Database
Because most New Jersey traffic offenses do not carry the possibility of at least six months imprisonment, the arrest warrant for failing to appear in court for a traffic summons will not typically be posted in the NCIC database. If a traffic offense warrant is posted in the NCIC database, it will also contain a geographic restriction limiting the right to arrest. A person charged with only a traffic offense is not a high priority for law enforcement and the cost of extradition can be high. For example, a police department for a New Jersey municipal court issuing an arrest warrant will not likely be willing to pay to arrest and transport a person from California.

Out of State Consequences of NJ Traffic Summons
While an arrest warrant for failing to appear in court for a New Jersey traffic summons will not likely result in your arrest while outside of New Jersey, it will still have significant consequences for your driver’s license. Upon issuance of a bench warrant, New Jersey will suspend your right to drive within the state. Additionally, New Jersey is one of 44 states and the District of Columbia that are members of the Nonresident Violator Compact. If your license is from a state that is also a member of the Nonresident Violator Compact, New Jersey will report your bench warrant to your home state, which triggers a suspension of your driver’s license.

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