Power Point presentation

Report
by Ryan Yoke
An “efficient” method
of traffic enforcement
Civil NOT criminal
Fines, not jail
Can affect insurance
A
determination that an infraction has been
committed
 Three options:
• Pay the fine
• Mitigation Hearing
• Contested Hearing
 Fourth
Option?
• Collection agency
• Increased fines
• Suspended license
• Bench warrant
A
driver that within a 5 year period
receives:
• Three traffic related crimes; or
• 20 moving violations
 Traffic related crimes include:
• DUI, vehicular assault/homicide, reckless driving,
hit & run, or attempting to elude the police
 Moving violations include:
• Speeding, running red lights, tailgating, HOV
violations, negligent driving
• Full list in WAC 308-104-160
 You
admit to committing the
offense
 The judge may decrease your
fine (judicial discretion;
mandatory minimum)
 Violation goes on your record
 Often the best choice with
non-moving violations
 You
did not commit the offense
 State has the burden of proof by a
preponderance of the evidence
 If you win, the infraction does not go on
your record
 If you lose, it goes on your record, you
pay the fine, and your insurance goes up
 Hire
a lawyer?
 Read the IRLJ
 Read the statute your charged with
 Request discovery
 Analyze the NOI/Affidavit
 Subpoena the officer?
 Check the SMD/speedometer certificates
 Make a plea bargain with the State?
 Deferred finding
 Don’t
ignore the ticket!
 Hire a lawyer if you don’t have the time to
prepare adequately
 Read the statute charged
• Know it inside out, the prosecutor will
 Request
discovery
 Deferred
findings are often a good option
 Break
into groups of 3-4
 Discuss these three problems
 What kind of hearing should the
defendant request?
 What other things should the defendant
do?
 RCW
46.61.400:
• “…no person shall drive…at a speed in excess
of such limits.
 25mph in cities and towns
 50mph on county roads
 60mph on state highways”
 RCW
46.16A.030:
• “Failure to renew an expired registration before
operating a vehicle…is a traffic infraction.”

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