Ryan Yoke
Model Lesson Plan
Street Law Winter/Spring 2013
Lesson: Traffic Infractions
Source: Chapter 46 RCW, Infraction Rules for Courts of Limited Jurisdiction
(IRLJ), Notice of Infraction (Administrative Office of the Court, July 2011),
Externship experience at Snohomish County Prosecutor’s Office
Time: One class period, 50 minutes
Materials required: Traffic Infractions handout; Computer with projector (for
accompanying PowerPoint)
I. Goals
A. Give the students an understanding of the options available to traffic infraction
defendants.
B. Give students the tools they need to represent themselves competently in court
for infraction cases.
II. Objectives
A. Knowledge objectives:
1. Students will know what to do during a traffic stop
2. Students will know what legal rights they have available for infraction
cases.
B. Skills objectives:
1. Students will be able to analyze statutes from the Washington traffic
code to decide how to proceed in infraction cases.
2. Students will be able to make strategic decisions in their own infraction
cases.
C. Attitude objectives
1. Students will be less intimidated by perceived arbitrariness experienced
in court for traffic infractions.
III. Entry task
Journal (alternatively, could have a brief discussion): Have you ever been
charged with a traffic infraction? Did you request a hearing? What happened at
the hearing? If you didn’t request a hearing, why not? (5 minutes)
*Journals should be collected and feedback given; can assign grades if desired
IV. Classroom methods
A. LECTURE
1. Pass out TRAFFIC INFRACTIONS BASICS handout
2. Instruct students to follow the lecture with their handouts and to take notes as
needed.
a. Students can ask questions as you go or afterwards
3. Lecture Substance (See accompanying slides and handout)
C. ACTIVITY
1. Pass out the TRAFFIC INFRACTION BASICS handout.
2. Show activity slide 1: “Littering and…” give the students a few moments to
familiarize themselves with the facts
3. Show activity slide 2: “Statutes” to see the statute to analyze the cases
4. Have students break into small groups and discuss the case. (10-15 minutes)
a. As students discuss, move between groups and listen to the
conversations.
5. Ask each group what course of action they think is best for the defendant in
this case (corresponding slides in attached PowerPoint) (5 minutes)
a. Have the students give their opinion first
b. Then give your thoughts on their plan and what your plan was
c. Address questions, taking time to look them up later if necessary
V. Evaluation
Journals, participation in class/small group discussion, handout
TRAFFIC INFRACTION BASICS
The legal name for a ticket is “Notice of Infraction” or “NOI” for short. An NOI is a
determination that a traffic infraction has been committed. This determination can
only be side aside with a contested hearing.
Traffic infractions are NOT criminal violations. Receiving your NOI lets you know
that the State is charging you in district or municipal court for breaking a traffic law.
Each NOI gives three options. You have to select one of those options within 15 days
of receiving the NOI. You can either:
1. Pay for the infraction – you admit that you committed the infraction and pay
the fine as written on the NOI;
2. Request a mitigation hearing – you admit that you committed the infraction
but there were extenuating circumstances that the court should know about
that might convince the judge to reduce your fine. Hint: if you select this
option, the judge will usually reduce the fine (at least a little bit).
3. Request a contested hearing – you want to fight the ticket! You think that
you did not commit the infraction and you want to present evidence to the
court to show you did not.
If you fail to respond, the court will issue a warrant for your arrest and the DOL will
revoke your driver’s license. So make sure you respond! If you lose your ticket, call the
court in the jurisdiction where you received the NOI (county district or municipal court).
Steps you may take before your hearing
-Hire an attorney – There are many attorneys that handle infractions throughout the
state. They often charge a flat rate around $200. They are already familiar with all
of the rules surrounding infraction cases so they can save you a lot of time by taking
care of all this.
-Read the Infraction Court Rules – If you don’t want to hire an attorney, you will have
to become familiar with these rules. The rules that apply to infraction cases are
called the Infraction Rules for Courts of Limited Jurisdiction (or “IRLJ”). The rules
are very short and tell you some very important things about how your hearing will
work.
-Read the statute you are charged under – Being familiar with the law you are
charged with violating can be very helpful. You must identify all of the required
elements of the law and see if the officer’s report supports them. If something
important is missing, you may be able to show that the prosecutor has failed to
prove by a preponderance of the evidence that you committed the infraction.
-Discovery request – Under IRLJ 3.1(b) a defendant may make a written demand for
discovery at least 14 days prior to a contested hearing. You must mail this discovery
request to two places: 1) the court where your infraction will be heard and 2) the
office of the prosecuting authority. The discovery response will include a copy of
the NOI and the citing officer’s affidavit. If there is no affidavit, there is not sufficient
evidence but you still have to attend the hearing and move to dismiss.
-Subpoena the citing officer – You can get the documents and instructions on how to
subpoena to officer that gave you the ticket from the court where your case will be
heard. After you fill out the forms, you have to either mail the subpoena to the law
enforcement agency or have a third party personally serve the subpoena at the law
enforcement agency’s office. This can be a risky move. If the officer does not show
up after you properly subpoenaed him, the officer’s statement is suppressed and
your case will probably be dismissed. If the officer shows up, his testimony can be
more convincing than his report. If you subpoena the officer you get to cross
examine him/her.
-Get a copy of the SMD Certificate on file with the court – Each law enforcement
agency (police, WSP, sheriff’s offices) keeps certificates on file for every radar gun
they use in every court in the county. The infraction rules (IRLJ) require this whole
system and the courts generally dismiss cases if there is something wrong with the
certificate or if there isn’t one for the radar/lidar gun used in your case.
-Plea bargain with the prosecutor – If you are not represented by a lawyer, you can
make a deal with the prosecutor before the hearing. Simply approach him or her,
and tell them what your case, and ask if they would be willing to cut a deal. Often
the deal is to amend a moving violation to a non-moving violation for a small
increase in the fee, based on your prior driving record.
-Deferred Finding – The judge has discretion to grant a deferral which dismisses
your case for an administrative fee of $125. Commercial Drivers are not eligible.
Contested Hearings
Contested hearings have most of the same rules as an ordinary case in court. If there
is no prosecutor, the judge will just consider the police report and whatever you
have to say. If it is just your word against the officer, you are probably in trouble. If
you have additional witnesses or some other evidence that you did not commit the
infraction, you will do better.
The burden of proof in contested hearings is that the State must prove that it is
more likely than not that you committed the infraction (the judge will call this a
“preponderance of the evidence”). Certain arguments never work. If you make
them, you will irritate the judge and he or she will rule against you faster than you
can say “I was traveling with the flow of traffic.” Such arguments include: “I wanted
to keep a safe distance between my car and surrounding cars”; “I travel on that road
every day and I never speed”; “I don’t know how the officer could even see me”;
“There was another car in front of me going even faster”; “I never talk on my phone
while I drive but this was my daughter and I hadn’t spoken to her in weeks.”
Both sides are bound by the rules of evidence. The rules of evidence can be found
online and they can be rather complicated. The main issue here is that of
“foundation.” The officer’s affidavit needs to lay a foundation for the infraction you
are accused of committing. Look at the statute you are charged under.
TRAFFIC INFRACTION EXERCISE:
WHAT SHOULD EACH DEFENDANT DO?
Read the following scenarios. What kind of hearing should the defendant choose?
For each problem, consider the evidence against the defendant, potentially mitigating
circumstances, and whether the defendant is eligible for a deferred finding.
1.
Charlie was driving on the West Seattle Bridge going 45 in a 35. A
motorcycle cop with a LIDAR got a solid reading and is 100% certain it
was on Charlie’s vehicle. Charlie then threw trash out his window. The
officer gave Charlie a citation and told him to slow it down and get a
trash bag. He has never gotten a speeding ticket before.
Pay
Mitigate
Contest
What other options does Charlie have?
2.
Jared just bought a car from his sister. She told him all the paperwork
was good to go. One week later he was pulled over. The officer told
him that his tabs had expired six months ago and gave him a citation.
Pay
Mitigate
Contest
Is there anything else Jared should do before his hearing?
3.
David was driving his commercial truck 40 mph in a 25 mph school
zone when he was suddenly pulled over. The officer asked him
whether or not he was aware of how fast he was going. In response to
the officer’s questioning, David admitted that he had been speeding.
David is going on a long haul during the time when any hearing will
probably take place.
Pay
Mitigate
What else should David do?
Contest
Teacher’s Guide to Outcomes: Traffic Infractions Exercise
Answers to activity scenarios are in attached PowerPoint. The following
can help supplement teacher’s explanations of why there was custody or
interrogation.
Scenario Number One:
Charlie should request a contested hearing. He should then request
discovery. If the ticket was not timely it will be dismissed. If discovery is not
provided, it will be dismissed. The solid facts against Charlie make his case
weak. He should also check the SMD certification at the courthouse. If it is not
on file, the SMD evidence must be suppressed.
Because Charlie had never had a ticket before, he is eligible for a deferred
finding. He should request that. If the judge does not grant it for some reason
(some judges just don’t), he should attempt to cut a deal with the prosecutor.
Scenario Number Two:
Expired tabs is a strict liability offense. It doesn’t matter that he just
bought the car. If he’d bought the car from a dealer he could get a trip permit but
that’s only valid for three days so he is beyond that time. He is probably better
off with a mitigation hearing. But, you only get discovery, etc with a contested
hearing. So, if he wants a chance to fight and win, he needs to contest. But,
since expired tabs is not a moving violation, he should still probably mitigate.
Before the hearing, Jared should renew his tabs. The judge will likely
reduce the fine substantially.
Scenario Number Three:
David’s case is even worse than Charlie’s. Even if all of the evidence is
suppressed, David’s admission may still be admissible against him. David
shouldn’t have said anything. David also has a CDL meaning that he is not
eligible for a deferred finding. Mitigation is the worst option because judges
cannot reduce fines for school zone tickets. He needs to contest. Because he
has a CDL, he would be wise to hire an attorney (especially if he is out of town
during the hearing).