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

 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 : “…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.”