Questions?
1. If the violation took place prior to May 1, which fine schedule should be used?
The circuit court
and/or municipal division should establish a policy regarding the fine amount
and accepting payments through the violation bureau (VB) during the transition period for
violations prior to May 1, 2019.
The policy could
include tickets issued for payment through the Fine Collections Center (FCC)
that are returned (not guilty pleas and failure to respond) and filed with the
court by the prosecutor.
However, for courts using JIS/Show-Me Courts, Plead and Pay will assess fines and court costs using the fine schedule effective May
1, 2019.
2. Do these fine amounts include costs?
Court costs will be added in addition to the uniform fine assessed.
3. Is this the fine amount or can it be another amount?
If the municipal division judge establishes a violations bureau under Rule 37, then the statewide municipal ordinance fine schedule lists the fine amount for pleas of guilty with payments made before the court date without appearing in court.
If the municipal division judge establishes a violations bureau under Rule 37, then the statewide municipal ordinance fine schedule lists the fine amount for pleas of guilty with payments made before the court date without appearing in court.
4. Can a judge deviate at all from the fine schedule either up or down? For
example, if someone removes tint after a tint ticket, a fine is usually
reduced. Can it still be? Or if someone has three no insurance
tickets pending, can the court consider the second or third as a more serious
violation and increase the uniform fine?
If the defendant comes in prior to the court date and pays the fines and
costs in full, then the fines listed on the uniform fine schedule are the only
fines to be assessed. If the defendant does not pay via the VB and appears in
court, the judge is free to assess any fine within the statutory limits.
5. If a violation is currently on the division's VB schedule and it does not appear on the uniform form schedule, does that mean the violation may not appear on the VB schedule at all? Can a judge add to the uniform fine schedule? Can our judge still include them on the TVB and set their own fine amount? What about some of the charges that are not on the uniform fine schedule? Can each municipality add to their approved fine schedule?
Requests for additional offenses to be added to the uniform fine schedule should be submitted to the Uniform Fine Schedule Committee for consideration. A court still could allow a payment to be mailed or paid at the court after the initial appearance.
6. If violations are not listed on the VB schedule currently and are not listed on the new Uniform Fine Schedule, what should the fine be?
If an offense is not on the uniform fine schedule it is not eligible to be paid through the violation bureau, including Plead and Pay. A court still could allow a payment to be mailed or paid at the court after the initial appearance.
7. Seat belt and no helmet violations may not have court costs
added, right? Why are all headlight violations $10? Can we add court costs to
those and to parking tickets? With the fine schedule having a different amount for the No Headgear violation than the statute, what should courts assess right now?
Correct. If there is statute that does not allow the addition
of court costs, then court costs may not be added. This includes seat belt and
no helmet violations.
Assess the fine allowed by statute for no helmet violations. The fine schedules have been corrected.
The penalty for no headlights is set by statute
and provides that court costs are not assessed. Parking tickets are not included in the uniform fine schedule and not
eligible to be processed through Plead and Pay (courts on JIS/Show-Me Courts only). Parking tickets aren’t
processed through Show-Me Courts until they have a named defendant.
8. If speeding over 20 mph is not a minor traffic violation, how can it be on the VB schedule?
The criteria to be listed on any VB schedule is not dependent
on whether it is a minor traffic violation or not. Specific criteria in Rule 37.49 allows for which violations may be included on the schedule: animal
control violations, housing violations and traffic violations.
9. Can more than one person be listed on the VB order? Can it just say court personnel?
The clerk(s) could be indicated by title(s) or by name(s). For Rule 37 violations, Rule 37.49 requires the judge to "designate a clerk." A blank on the form order was left for that purpose. For Rule 38 violations, the form order designates the circuit clerk by title as the responsible clerk.
10. Does the judge need to issue an order only for the circuit court under Rule 38 establishing the violations bureau?
If the circuit court hears municipal divisions in the associate division of the circuit court, orders are needed under Rule 37.49 to establish violations bureaus for each municipal division heard.
11. Does a charter city have to adopt the fine schedule?
This is a decision made by the municipal division judge(s). If the municipal division judge(s) establishes a violations bureau under Rule 37, the statewide municipal ordinance fine schedule must be used.
If the circuit court hears municipal divisions in the associate division of the circuit court, orders are needed under Rule 37.49 to establish violations bureaus for each municipal division heard.
11. Does a charter city have to adopt the fine schedule?
This is a decision made by the municipal division judge(s). If the municipal division judge(s) establishes a violations bureau under Rule 37, the statewide municipal ordinance fine schedule must be used.
12. Are city
prosecutors allowed to reach plea agreements with different fine amounts than
the uniform fine amount and are judges allowed to accept those agreements?
An example would be amending a speeding ticket to defective equipment for
$175 plus costs instead of the listed amount.
The uniform fine schedules establish fines for payment in full prior to
the scheduled court date. If a plea agreement is reached with the
prosecutor, the judge retains the duty of accepting or denying a plea
agreement pursuant to Rule 37.58.
13. Does the PD have
to hand out the entire schedule at the time of stop per Rule 37.33 or may the alleged
violator be provided with a website address to obtain the information?
Rule 37.33(d) has not
been changed. Continue to use the previous procedures established with your
local law enforcement.
14. May a judge
remove any violation from the VB schedule resulting in a required court
appearance?
Rules 37.49 and 38.10
provides that a judge has to adopt the fine schedule as promulgated by the
Uniform Fine Schedule Committee. The schedule, however, does not apply if the
prosecutor opts to file the violation as an information and require a court
appearance.
15. Is the new uniform fine schedule only for fines and costs paid prior to the court date? Do we have to
have two fine schedules now, one for the person who pays before court and one
who pays after? If so, which one is to be posted on our web page?
The court does not
have to have two schedules. However, it is judicial discretion on assessment of
fines when there has been a court appearance as long as the fine is within the
statutory limits.
16. It is
my understanding by reading the memorandum sent out that although it goes into
effect today we can continue to process citations issued prior to the May 1
date until June 25. Is that correct?
The June 25 date is when the FCC will no longer
accept payments. Courts will continue to process all violations issued prior to
the May 1 date.
17. We have never had housing violations payable - do we
have to? Can the PA file and request
summons be issued on all?
The PA can file a case by “information” and it won’t be
eligible for payment through the violations bureau including Plead and Pay.
18. No Seat Belt and Child over 80 lbs are listed as fine
$10 - per statute isn't that supposed to be total (fine only)?
Every offense listed just has the fine amount. JIS/SMC is
programmed to not assess costs on those cases. The fine schedules will have asterisks
added to those charge codes in which court costs are not to be assessed.
19. 20+ speeding - we have always required court appearance
- 20-25 over is included - so do we have to change our policy and allow this to
be paid through TVB?
Rules 37.49 and 38.10 provide that a judge has to adopt the
fine schedule as promulgated by the uniform fine schedule committee. The
schedule, however, does not apply if the prosecutor opts to file the violation
as an information and require a court appearance.
20. Our court has always assessed an additional $75 to those
citations that we charged in a Construction/School zone. I see no allowance for that, so if we want
to continue that practice we would need to issue a summons for mandatory court
appearance, correct?
Those citations will no longer go through VB and be eligible
for Plead and Pay.
21. Are you able to provide any color or insight as to the
thinking behind these revised fines? It
appears that they are substantially lower than FCC fines in the past.
The fine schedule lists fines only. The FCC fine schedules
showed the total of fines and most costs. A significant number of fines were
increased.