[Code of Federal Regulations]
[Title 32, Volume 6]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR1290.8]

[Page 295-296]
 
                        TITLE 32-NATIONAL DEFENSE
 
                  CHAPTER XII--DEFENSE LOGISTICS AGENCY
 
PART 1290_PREPARING AND PROCESSING MINOR OFFENSES AND VIOLATION NOTICES 
REFERRED TO U.S. DISTRICT COURTS--Table of Contents
 
Sec. 1290.8  Procedures.

    (a) The U.S. Magistrate Court Provides DLA with:
    (1) The means to process and dispose of certain categories of minor 
offenses by mail. Under this system, U.S. Magistrate and District Courts 
will, by local court rule, preset fines for the bulk of petty violations 
(Federal or Assimilated) and permit persons charged with such 
violations, who do not contest the charge nor wish to have a court 
hearing, to pay their fines by using mail-in, preaddressed, postage paid 
envelopes furnished to them with the violation notice.
    (2) Efficient, minimal commitment of judicial and clerical time by 
using uniform procedures which centralize the collection of fines, the 
scheduling of mandatory hearings or hearings where violators request 
them, and the keeping of violator records.
    (3) A simple but sure method of accounting for fines collected and 
tickets issued.
    (4) Impartial enforcement of minor offense laws.
    (b) Court Appearances--(1) Mandatory Appearances. (i) As required by 
the Administrative Office of the United States Courts, each District 
Court will determine, by local court rule, those offenses requiring 
mandatory appearance of violators. PLFA Counsels will coordinate with 
local magistrates or district courts and secure a court approved list of 
offenses requiring mandatory appearance of violators before the local 
U.S. Magistrate.
    (ii) Mandatory appearance offense categories normally include:
    (A) Indictable offenses.
    (B) Offenses resulting in accidents.
    (C) Operation of motor vehicle while under the influence of 
intoxicating alcohol or a narcotic or habit producing or other mind 
altering drug, or permitting another person who is under the influence 
of intoxicating alcohol, or a narcotic or habit producing or mind 
altering drug to operate a motor vehicle owned by the defendant or in 
his/her custody or control.
    (D) Reckless driving or speeding.
    (2) Voluntary Appearances--(i) Requested by violators at the time DD 
Form 1805 is issued. (A) Personnel issuing DD Form 1805 will refer 
violator for hearings before U.S. Magistrates in each instance where a 
hearing is requested by the violator.
    (B) Command security officers will provide security force personnel 
with necessary information to facilitate scheduling violators to appear 
before U.S. Magistrates. Box B of the DD Form 1805 will be marked by the 
issuing official for each violator requesting a hearing. Additionally 
procedures set forth in appendix A will be

[[Page 296]]

accomplished by the official issuing violation notice.
    (ii) Requested by violators by mail. (A) Voluntary appearance 
procedures are also available for violators who are not present at the 
time a DD Form 1805 is issued (i.e., parking violations) or who 
subsequently decide to voluntarily appear before a U.S. Magistrate 
rather than pay the fine indicated in the DD Form 1805.
    (B) Violators who use the mail-in procedure to voluntarily appear 
before a U.S. Magistrate must follow the instructions in Box B of the DD 
Form 1805 (violator copy). The violator will be notified by the clerk of 
the District Court of the time and place to appear for the scheduled 
hearing.