Street law traffic infractions
Download
1 / 12

Street Law: Traffic Infractions - PowerPoint PPT Presentation


  • 107 Views
  • Uploaded on

Street Law: Traffic Infractions. by Ryan Yoke. What are Traffic Infractions?. An “efficient” method of traffic enforcement Civil NOT criminal Fines, not jail Can affect insurance. Notice of Infraction. Notice of Infraction. A determination that an infraction has been committed

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about ' Street Law: Traffic Infractions' - umika


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
Street law traffic infractions
Street Law: Traffic Infractions

by Ryan Yoke


What are traffic infractions

What are Traffic Infractions?

An “efficient” method of traffic enforcement

Civil NOT criminal

Fines, not jail

Can affect insurance



Notice of infraction1
Notice of Infraction

  • 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


Habitual traffic offender
Habitual Traffic Offender

  • 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


Mitigation hearings
Mitigation Hearings

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


Contested hearings
Contested Hearings

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


Preparing for the contested hearing
Preparing for the Contested Hearing

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


Traffic infractions summary
Traffic Infractions:Summary

  • 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


Activity
Activity

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?



Statutes
Statutes

  • 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.”


ad