Study of the effects of plea bargaining motor vehicle offenses : final report, December 2009.

Carnegie, Jon A.; Ozbay, Kaan; Mudigonda, Sandeep · 2009 · ROSA P / New Jersey. Dept. of Transportation

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Summary

This study examines the impact of plea bargaining point-carrying motor vehicle violations to zero-point offenses on roadway safety and Motor Vehicle Commission (MVC) programs in New Jersey. The research was motivated by the July 2000 legislative creation of the “unsafe operation” offense, a zero-point violation that facilitated the downgrading of more serious traffic offenses. The primary objectives were to assess how this practice affected driver behavior, highway safety, and MVC revenues, particularly regarding the efficacy of driver monitoring and control systems. The researchers employed a mixed-methods approach, including a national literature review, a scan of practices in other states, and interviews with MVC and Administrative Office of the Courts (AOC) personnel. They analyzed data from the AOC Automated Traffic System and the MVC driver history database spanning 1997 to 2007. The analysis focused on violation trends, plea bargain patterns by demographic factors, and the financial impact on MVC countermeasure programs, such as driver improvement classes and insurance surcharges. The study found that plea bargaining to zero-point violations increased significantly, with the rate of such violations rising from 8.5% (1997–2000) to nearly 28% post-2000, a 250% increase. Approximately 1.5 million drivers utilized this mechanism, with the majority committing only one or two such offenses. However, about 5% of drivers (81,515 individuals) accumulated three or more unsafe operation convictions, suggesting habitual abuse of the system. While the overall number of moving violations did not change significantly when normalized for vehicle miles traveled, the number of drivers subjected to MVC negligent driver countermeasures declined by 36% between 1999 and 2006. This diversion resulted in an estimated $70 million in lost revenue, primarily from insurance surcharges. The authors conclude that while plea bargaining has not significantly altered the volume or nature of violations, it undermines the MVC’s ability to monitor and rehabilitate negligent drivers. Given that MVC countermeasures are effective at reducing recidivism, the diversion of drivers from these programs poses a safety risk. The report recommends three policy reforms: developing explicit guidelines for plea bargaining, transitioning from a point-based to an event-based monitoring system, and amending the “unsafe operation” statute to limit its use to two instances per driver to prevent habitual offenders from circumventing sanctions.

Key finding

The number of drivers subjected to MVC negligent driver countermeasures declined by 36 percent between 1999 and 2006, corresponding with a 250 percent increase in zero-point plea bargains.

Methodology

dataset

Provenance

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