PART III

ALLOCATION AND DISTRIBUTION OF PAYABLE AMOUNT

A. VIOLATIONS BUREAU PAYMENTS

Parts 1 and 11 of this Schedule list specific amount that are payable through the Violations Bureau for designated traffic and non-traffic offenses, pursuant to R: 7:12-4. However, payment for any of those listed offenses, or any other matter, may not be made through the Violations Bureau if the law enforcement officer marks on the Complaint-Summons that a court appearance is required.

B. ALLOCATION OF PAYABLE AMOUNT BETWEEN FINES, ASSESSMENTS AND COURT COSTS

In Part 1 (Traffic Violations), the Payable Amount established in this Local Schedule, for each offense, includes at least a fine, court costs (which may equal but not exceed the fine) and $ 1.00 for the Body Armor Replacement Fund, $ 1.00 for the New Jersey Spinal Cord Research Fund, $ 2.00 for the New Jersey Forensic DNA Laboratory Fund and, effective February 2, 2004, the Payable Amount will also include $ 1.00 for the Autism Medical Research and Treatment Fund.

In Part 11 (Non-Traffic Violations), the Payable Amount established in this Local Schedule, for each offense, includes a fine and court costs (which may equal but not exceed the fine)

C: ALLOCATION AND DISTRIBUTION OF COURT COSTS

A portion of the total court costs allocated, pursuant to Part 111 A, of this Local Schedule, shall be distributed upon collected in accordance with N.J.S.A. 22A:3-4 and N.J.S.A. 2B:12-30, as follows:

• For all violations payable through the Violations Bureau, pursuant to the Statewide Violations Bureau Schedule or a Local Schedule, $ 2.00 shall be collected by the municipal court administrator for deposit into the Automated Traffic System Fund. This portion of court costs cannot be suspended.
• For all violations of the provisions of Title 39, or any other motor vehicle or traffic violation payable through the Violations Bureau, pursuant to the Statewide Violations Bureau Schedule, $ .50 shall be collected by the municipal court administrator for deposit into the Emergency Medical Technician Training Fund. This portion of court costs cannot be suspended.
• Any remaining court costs shall be collected by the municipal court administrator for distribution to the municipality.

PART IV

MISCELLANEOUS

A. ADDITIONAL PENALTIES FOR FAILURE TO APPEAR ON RETURN DATES

1. MOTOR VEHICLE, TRAFFIC AND PARKING CASES

For offense listed on this Local Schedule, the following additional penalties will be added to the Payable Amount, as indicated:

• When a supplemental notice is sent, $ 10.00 will be added to the Payable Amount.
• When a Notice of Proposed Suspension for a parking violation is sent, $ 10.00 will be added to the Payable Amount.
• When an Order to Suspend is issued for a parking violation, $ 15.00 will be added to the Payable Amount.
• A $ 3.00 DMV fee is also to be added to the total Payable Amount due upon the issuance of an Order to Suspend.
• When a warrant is issued, unless the judge otherwise orders, the amount of the bail indicated on the warrant shall be as follows: Parking offenses - the Payable Amount plus $ 15.00. All other listed offenses - the Payable Amount plus $ 25.00.

Note: Under the provision of N.J.S.A. 39:5-9, costs, not to exceed $ 30.00, may be deducted by the court from forfeited bail in traffic cases.

2. NON-TRAFFIC CASES

For offenses listed in Part II on this Schedule, N.J.S.A. 2B:12-31 permits the municipal court to order the suspension of a defendant's driving privilege for failure to appear at any scheduled court appearance. The following procedures may be used by the court to effectuate that process:

• Send a "Notice of Proposed Suspension of Driving Privileges for Failure to Appear" to the defendant. This notices may be used for violations that are payable on this Schedule, as well as for those violations that are not. Note: Unlike traffic matters, no fee may be assessed for the mailing of this notice.
• Should the defendant fail to respond to the Notice of Proposed Suspension, the court may issue an Order of Suspension. When the court issues the order, $ 25.00 [$ 10.00 (Notice) + $ 15.00 (Order)] will be added to the total Payable Amount.
• A $ 3.00 fee is also to be added to the total Payable Amount, upon the issuance of the Order of Suspension.
• When a warrant is issued, unless the judge otherwise orders, the amount of the bail indicated on the warrant shall be the Payable Amount plus $ 50.00

B. APPEARANCE OF DEFENDANT IN CERTAIN CASES

If, in the opinion of the officer issuing the Complaint-Summons, circumstances indicate that the defendant should appear in court, the officer has the option to check the "Court Appearance Required" box on the Complaint-Summons, in which case, the matter may not be processed in the Violations Bureau.

C. AUTHORIZATION TO APPLY BAIL AGAINST FINE(S) AND COSTS

By executing the form of Authorization to Apply Bail against Fines(s) and Costa and Waiver of Rights, a defendant against whom a warrant has been issued waives the rights to a lawyer and a trial, enters a plea of guilty to the offense charged and authorizes the municipal court administrator to apply the bail posted toward the payment of fines, assessments and costs owed. This form may be used for all offenses payable through the Violations Bureau.

D. DEFENSE BY AFFIDAVIT IN CERTAIN CASES

For any offense not listed on this Schedule or on a Local Schedule, a court appearance is required, unless the court authorizes a defense by affidavit in accordance with the provisions of R: 7:12-3. For offenses involving traffic accidents resulting in personal injury, a court appearance is also required.

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