Prosecutors Desk 10-6-10

Last week I shared with you a recent Court of Appeals decision that has impacted our ability to prosecute persons charged with Driving While License Suspended. Driving While License Suspended in the Third degree is one such offense that was impacted by the decision. A person’s license often becomes suspended in the Third Degree when they do not pay the fines on infractions such as speeding tickets and non-moving violations like parking tickets and registration violations.

Until just a few years ago, when a person did not pay their tickets, the penalty was that they could not get their drivers license renewed without paying the tickets when it came time to have the license renewed. In order to try to raise more money, the legislature decided to criminalize this non-payment of traffic fines.
This change did not really make the state any money, because it flooded the court system with these low-level criminal offenses. This added to the work load of the courts, requiring more prosecutors, more clerks, and more public defenders. Prosecutors statewide have petitioned the legislature to de-criminalize this offense making it an infraction that carries a fine instead of jail time. These attempts have been unsuccessful.

In Stevens County, like many other counties, we have attempted to deal with this flood of low level criminal cases by making an alternate resolution available rather than working the person through the whole system. When a person is charged with Driving While License Suspended 3rd Degree only, and they appear in court, they are offered the chance to take responsibility for their offense and pay a $200.00 fine. These people are also given the option of completing two days of work crew instead of paying their fine. A public defender is present to assist in the resolution of these cases. This alternate resolution has allowed our office and the court and the public defenders to devote more time to the more serious offenses. However, if a person abuses this resolution by repeated offenses, they can become deemed to be a habitual traffic offender and are subject to mandatory jail penalties.

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