NCJ Number
140281
Date Published
1989
Length
38 pages
Annotation
This is a report on the Virginia State Crime Commission's assessment of a proposed policy to allow drivers charged with traffic violations that result from certain motor vehicle accidents to waive a court appearance and plead guilty.
Abstract
The accidents that would qualify for such a waiver would involve only property damage and no personal injury. The Crime Commission subcommittee that studied the issue held three public meetings on the issue, conducted research, and received public comment on the issue. The subcommittee found that there are a substantial number of motor vehicle accidents in the State that result in property damage and involve a traffic infraction; general district court clerks and judges also devote a substantial amount of time to such cases. Court appearances in such cases can greatly inconvenience witnesses, especially when a continuance is granted or the defendants does not appear or appears only to plead guilty. The subcommittee also found that there may be some reduction in the time police officers must spend in court if court appearance waiver were permitted in property-damage cases. On the other hand the subcommittee concluded that required court appearances in such traffic cases has some deterrent effect, provides victims with information that could be used against the defendant in a later civil suit, satisfies victims that the defendant has had to answer publicly for the traffic infraction, and avoids the incentive to plead guilty to avoid the inconvenience of a court appearance even when there is a valid defense. Given the strength of the arguments against a court appearance waiver, the Virginia State Crime Commission recommends that the Code of Virginia not be amended to permit a court appearance waiver under a guilty plea. Appended sample survey forms and supplementary information