Cities Benefit When Law Enforcement Officers Properly Use Uniform Traffic Citation, New Uniform Misdemeanor Citation (Effective July 1, 2019)

Ever been stopped and issued a traffic ticket? The Uniform Traffic Citation used by law enforcement officers across Georgia can be confusing to read but is vital in the criminal justice process. In December 2018, and January 2019, the humble but effective Uniform Traffic Citation was on the minds of the Georgia Court of Appeals and the Georgia Supreme Court.

On January 25, the Georgia Court of Appeals case shone a light on the Uniform Traffic Citation in Strickland v. State. Strickland had been charged with “following too closely in violation of code section 40-6-49.” The Court of Appeals held that the traffic citation was defective because it did not either recite the language of the statute that sets out all the elements of the offense charged or allege the facts necessary to establish violation of the statute. Strickland serves as a reminder that the Uniform Traffic Citation is a carefully crafted document that must be completed properly. To ensure successful prosecution, law enforcement officers should use the “Remarks” section of the citation to set forth the facts that show how the law was violated.

In December 2018, the Supreme Court of Georgia approved the new Uniform Misdemeanor Citation, which was developed by the Georgia Judicial Council pursuant to legislation recommended by the Georgia Council on Criminal Justice Reform. The Uniform Misdemeanor Citation (UMC) is modeled on the Uniform Traffic Citation.

The Uniform Traffic Citation was used as a model because it has been a “win-win-win” for law enforcement, drivers, and courts. This simple form enables law enforcement officers to quickly enforce traffic laws without taking people and their vehicles into custody. It enables the driver to pay a fine and plead guilty without going to court, and notifies the driver of the time, date, and location of the court if he or she wishes to plead not guilty, no-contest, or exercise his or her right to trial.

Until recently, there has been no uniform citation for non-traffic misdemeanor offenses. As a result, cities often use their own “city-specific” citations for non-traffic ordinance violations, and law enforcement officers often use the Uniform Traffic Citation for non-traffic offenses. Moreover, for low-level, non-violent state misdemeanor offenses (underage alcohol, criminal trespass, shoplifting, refund fraud, possession of marijuana less than an ounce), citizens are often arrested and taken into custody and required to pay bail for release pending trial. Cities pay significant costs to hold people in custody pre-trial, including medical costs and costs associated with ensuring a prompt bail hearing that meets constitutional requirements. Cities also risk exposure to bad press and lawsuits associated with pre-trial detention of individuals unable to pay bail.  Several lawsuits against cities and counties around the country have focused on this very issue.

In 2017, the Georgia Council on Criminal Justice Reform recommended the development and use of a Uniform Misdemeanor Citation (UMC) similar to the Uniform Traffic Citation as a way to “expand opportunities for non-monetary release of people accused of low-level, nonviolent misdemeanors.” As a result, the legislature directed the Judicial Council of Georgia to “develop a uniform misdemeanor citation and complaint form for use by all law enforcement officials who are empowered to arrest individuals for misdemeanors and local ordinance violations.” “Such form shall serve as the citation, summons, accusation, or other instrument of prosecution of the offense or offenses for which the accused is charged . . .”

This language appears to require POST-certified law enforcement officers (but not code enforcement officers) to use the UMC instead of city-specific citations.

The effective date for use of the UMC was recently revised to July 1, 2019. This gives cities some time to prepare for implementation of the UMC, and to obtain further guidance about whether use of the UMC is mandatory for law enforcement officials. When training is available, law enforcement and code enforcement officers and court staff should receive training on when and how to use the UMC.

Although the UMC can be used for violations of city or county traffic ordinances, the UMC is not meant to replace the Uniform Traffic Citation. Any traffic violation that could result in suspension of a driver’s license must still be handled by using the Uniform Traffic Citation. However, the UMC contains information to identify a vehicle, and it could be used for violations of local traffic ordinances when a driver’s license suspension is not desired. Law enforcement should only capture vehicle information if a vehicle was involved in the offense (such as illegal parking).

The UMC also can be used for violations of local ordinances (e.g., disorderly conduct, public urination, tall grass, after-hours at park, leash laws) and for misdemeanor state offenses, such as underage alcohol laws, criminal trespass, theft by shoplifting, refund fraud, and purchase and possession of marijuana less than an ounce.

Cities will benefit from using the new UMC in addition to the Uniform Traffic Citation. The UMC will support consistent compliance with the law across Georgia (notice, waivers, requirements for accusation and citation are all approved by the Judicial Council,) support communications with the court (the UMC captures the accused individual’s email and cell phone number), retain local discretion, and, for state law violations, reduce exposure to the city for costs, bad press, and litigation associated with pre-trial detention.