R. 7:12-3 New Jersey Rules of Court, R. 7:12-3: Pleas of Not Guilty and Pleas of Guilty by Mail or in an Electronic System in Certain Traffic or Parking Offenses, rendered as code with every cross-reference linked

rule 7:12-3 "Pleas of Not Guilty and Pleas of Guilty by Mail or in an Electronic System in Certain Traffic or Parking Offenses" {
(a) Entry of Pleas by Mail or in an Electronic System; Limitations. In all traffic or parking offenses, except as limited below, the judge may permit the defendant to enter a guilty or not guilty plea and submit a defense for use at trial by mail or in an electronic system approved by the Administrative Director of the Courts 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 or in the Electronic System – Acknowledgments, Waiver and Certification.
(1) In those cases in which a defendant may enter a plea of guilty to a traffic offense or parking offense by mail or in the electronic system, the plea shall include:
(a) an acknowledgment that the defendant committed the traffic violation or parking offense to which the defendant is pleading guilty and a factual basis for the plea;
(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 acknowledgment by the defendant that the plea of guilty is being entered voluntarily with understanding of the nature of the charge and the consequences of the plea;
(2) In those cases in which an attorney submits a plea of guilty on behalf of the defendant through the electronic system, the plea shall include a certification signed by the defendant that recites the terms of the plea; specifies that the defendant has reviewed those terms; establishes a factual basis for the plea; and establishes that the plea of guilty is being entered voluntarily with understanding of the nature of the charge and the consequences of the plea.
(3) A plea of guilty to a traffic offense or parking offense by mail or in the electronic system may also include a statement for the court to consider when determining the appropriate sentence.
(c) Plea of Not Guilty by Mail or in the Electronic System.
(1) In those cases in which 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 or in the electronic system, the 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 or in the electronic system 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) Scheduling and Judgment.
(1) For guilty pleas submitted in the electronic system in matters that require review by the municipal prosecutor, the court shall enter the disposition in the electronic system. The matter may be scheduled for disposition on the record in open court at the discretion of the municipal court judge.
(2) For not guilty pleas submitted in the electronic system in matters that require review by the municipal prosecutor, the court shall schedule the matter to be heard on the record in open court.
(3) For not guilty and guilty pleas submitted on a manual plea by mail form or in the electronic system that do not involve the municipal prosecutor’s review, the court shall schedule the matter to be heard on the record in open court.
(4) The court shall send a copy of its decision by ordinary mail or through the electronic system to the defendant, the complaining witness, and attorneys who have entered an appearance.
Note: Source - R. (1969) 7:6-6. Adopted October 6, 1997 to be effective February 1, 1998; caption amended, paragraph (a) caption and text amended, former paragraph (b) amended and redesignated as paragraph (c), and new paragraph (b) adopted July 28, 2004 to be effective September 1, 2004; caption of rule amended, captions and text of former paragraphs (a) and (b) deleted, former paragraph (c) redesignated as paragraph (e) and amended, and new paragraphs (a), (b), (c), and (d) adopted June 15, 2007 to be effective September 1, 2007; paragraph (a) amended July 16, 2009 to be effective September 1, 2009; paragraph (a) amended July 9, 2013 to be effective September 1, 2013; caption amended, caption and text of paragraph (a) amended, paragraphs (a) (b) (c) caption and text amended, paragraph (e) caption amended and text replaced July 30, 2021 to be effective September 1, 2021.
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referenced_by: none
source: njcourts.gov // verbatim; changed 2025-09-23; corpus harvested 2026-09-02