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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.”