Unit of Count:  Traffic

 

Count the filing of the original charging document (complaint, information, or indictment) as the beginning of a traffic case in trial courts.  The Grand Total Dispositions figure should be an aggregate count of the total number of cases in that category disposed by the court during the reporting period.  Report the number of traffic filings and dispositions by case type, according to the subject matter at issue as defined in the Traffic, Parking, and Local Ordinance Violations Case Type Definitions.

 

Traffic violations should be reported separately from the other broad trial court case categories (e.g., civil, criminal, juvenile) because of the specialized case-processing procedures involved and to avoid inflation of criminal caseload figures because of the high volume of traffic violations.

 

Statistical reports should indicate how traffic cases are being counted (how many defendants, how many charges on each charging document).  Count each original charging document filed as one traffic, parking, and local ordinance violation. Indicate whether parking violation cases are handled by the court or administratively.

 

A count of what happened to the defendant(s) should be the unit of count when documenting the manner of disposition for traffic, parking, or local ordinance violations cases.

 

o       Report a felony traffic violation as a Felony and report it as part of the Criminal caseload (Motor Vehicle – DWI/DUI, Motor Vehicle – Reckless Driving, or Motor Vehicle – Other), rather than as a Traffic violation.  Traffic violations that are Misdemeanors should be reported as Misdemeanors as part of the Criminal caseload (Motor Vehicle – DWI/DUI, Motor Vehicle – Reckless Driving, or Motor Vehicle – Other).  This includes cases involving juveniles.

 

o       Report DWI/DUI and reckless driving cases as Motor Vehicle WDI/DUI or Motor Vehicle Reckless Driving cases in the Criminal Caseload Summary, not as traffic violations. Use the appropriate case type category to distinguish felony cases from misdemeanor cases.

 

o       Report Parking Violations separately from Traffic Violations.  The charging document is typically a citation and the punishment a fine, usually paid by mail or without a mandatory court appearance.

 

o       Classify Juvenile Traffic Violations in Traffic, using the appropriate case type, not under juvenile petitions.

 

o       Classify traffic violation appeals under Appeals from Limited Jurisdiction Courts in the Criminal Caseload Summary matrix.

 

The Manner of Disposition matrix provides a means to report the manner in which trial court traffic, parking, and local ordinance cases were disposed.  For cases involving multiple parties/issues, the manner of disposition should not be reported until all parties/issues have been resolved.  When there is more than one dispositive action in a case, count as the disposition the action requiring the most judicial involvement.  In other words, prioritize the dispositive actions as follows:

 

·        Jury trial

·        Bench trial

·        Deferred adjudication

·        Guilty plea

·        Nolle prosequi

·        Dismissed

·        Bindover (in lower jurisdiction court)

·        Transfer to another court

·        Other

 

            Notes:

 

Consolidated case: This is a case in which two or more actions are combined and tried/processed as one case.  In reporting trial court dispositions, all the cases except the one into which the cases were consolidated should be reported as disposed at the time of consolidation, and the disposition(s) should be reported in the Manner of Disposition matrix under Other Dispositions.  When the consolidated case has been decided, the disposition should be reported under the appropriate manner of disposition category.

 

Inactive case: Cases that are administratively classified as inactive should be reported in the Caseload Summary matrix as Placed on Inactive Status. When the case is reactivated, report it as a Reactivated case, classified by case type.  For example, a traffic case should be placed on inactive pending status if the defendant has absconded, an arrest order has been issued, and the court has suspended activity until the defendant is apprehended.

 

Reopened case: Cases in which a judgment has previously been entered but which have been restored to the court’s pending caseload due to the filing of a request to modify or enforce that existing judgment should be reported in the Caseload Summary matrix as Reopened. When the reopened case is disposed of, report the case in the Caseload Summary matrix in the Dispositions column in the column labeled Reopened.  For example, a traffic case that was previously disposed, but then returned to the court’s pending docket by an allegation that the offender has violated the terms of his or her probation should be considered a reopened case.