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By Ryan Yoke.  An “efficient” method of traffic enforcement  Civil NOT criminal  Fines, not jail  Can affect insurance.

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Presentation on theme: "By Ryan Yoke.  An “efficient” method of traffic enforcement  Civil NOT criminal  Fines, not jail  Can affect insurance."— Presentation transcript:

1 by Ryan Yoke

2  An “efficient” method of traffic enforcement  Civil NOT criminal  Fines, not jail  Can affect insurance

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4  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

5  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

6  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

7  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

8  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

9  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

10  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?

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12  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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