Street Law: Traffic Infractions

by Ryan Yoke

What are Traffic Infractions?

An “efficient” method of traffic enforcementCivil NOT criminalFines, not jailCan affect insurance

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

Notice of Infraction

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 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

Contested Hearings

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

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 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?

Littering and…

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.”