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Ryan Yoke Model Lesson Plan Street Law Winter/Spring 2013Lesson: 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 OfficeTime: One class period, 50 minutes Materials required: Traffic Infractions handout; Computer with projector (for accompanying PowerPoint) I. GoalsA. 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 stop2. 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 desiredIV. Classroom methods A. LECTURE 1. Pass out TRAFFIC INFRACTIONS BASICS handout2. Instruct students to follow the lecture with their handouts and to take notes as needed. a. Students can ask questions as you go or afterwards3. 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 cases4. 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 necessaryV. Evaluation Journals, participation in class/small group discussion, handout TRAFFIC INFRACTION BASICSThe 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:Pay for the infraction – you admit that you committed the infraction and pay the fine as written on the NOI;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).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 HearingsContested 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.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.PayMitigate ContestWhat other options does Charlie have?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.PayMitigate ContestIs there anything else Jared should do before his hearing?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.PayMitigate ContestWhat else should David do?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). ................
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