No More Plea Bargains for Holders of Graduated D/L’s : Attorney General

By way of a memorandum dated September 17, 2008, the Attorney General has directed that municipal prosecutors may neither offer nor accept plea agreements which result in non-point violations for cases involving defendants who have a graduated driver’s license (GDL). The reason for the new plea bargaining prohibition relates to the mandatory driver improvement program that holders of graduated licenses must attend upon receiving 3 or more penalty points. By receiving non-point downgrades, these drivers are able to avoid attending the driver improvement program.

The plea bargaining ban for this narrow class of defendants will continue indefinitely until such time as the Motor Vehicle Commission can mandate the driver improvement program for holders of the GDL on some basis other than points.

Download a copy of the Attorney General’s Memorandum of September 17th.

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Category: Muni-Mail Archive