Chapter 7.10
CIVIL TRAFFIC INFRACTION PROCEDURE
Sections:
7.10.010 Notice of infraction – Issuance by a law enforcement officer.
7.10.020 Notice of infraction – Issuance by the Court.
7.10.030 Notice of infraction – Form.
7.10.040 Notice of infraction – Time of initial hearing.
7.10.050 Notice of infraction – Three options for response.
7.10.060 Notice of infraction – Failure to respond – Hearing.
7.10.070 Hearings – Scheduling by the Court.
7.10.080 Hearing to contest the determination that an infraction was committed.
7.10.090 Hearing to explain circumstances surrounding the infraction.
7.10.130 Record of traffic charges.
7.10.010 Notice of infraction – Issuance by a law enforcement officer.
A law enforcement officer has the authority to issue a notice of civil traffic infraction:
A. When it occurs in the officer’s presence;
B. When an officer investigating the scene of an accident has reasonable cause to believe a civil traffic infraction has been committed; or
C. When an officer discovers an unattended vehicle parked, stopped, or standing contrary to this title. The officer shall affix a notice of civil traffic infraction in plain view on the vehicle. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 3/7/1989. Prior code § 4.1.3.010.]
7.10.020 Notice of infraction – Issuance by the Court.
The Court may issue a notice of civil traffic infraction when it receives a written statement of a law enforcement officer that there is reasonable cause to believe that an infraction has been committed. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 3/7/1989. Prior code § 4.1.3.020.]
7.10.030 Notice of infraction – Form.
A notice of civil traffic infraction shall be on a form authorized by the Tribal Court or the Bureau of Indian Affairs. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 3/7/1989. Prior code § 4.1.3.030.]
7.10.040 Notice of infraction – Time of initial hearing.
The notice of civil infraction issued by the Court or a law enforcement officer shall set a time for an initial hearing to be held no sooner than seven nor later than 60 calendar days from the date the notice of hearing is served. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 3/7/1989. Prior code § 4.1.3.040.]
7.10.050 Notice of infraction – Three options for response.
A person shall respond to a notice of civil traffic infraction in any one of the following ways:
A. Pay the fine. The fine shall be paid to the Tribal Court on or before the day of the initial hearing. The Court shall then enter a judgment that the person committed the civil traffic infraction. If the infraction requires a mandatory appearance under Chapter 7.35 CTC, the person cannot pay the fine in lieu of appearing before the Court.
B. Request a hearing to explain the circumstances (without contesting that he or she committed the violation) surrounding the occurrence of the traffic infraction which might arguably lessen the amount of the fine; or
C. Request a hearing to contest the determination that a traffic infraction occurred.
The person must appear at the initial hearing to tell the Court which of these three options he or she chooses. Unless the infraction requires a mandatory appearance as indicated in Chapter 7.35 CTC, the person may pay the fine before the hearing in lieu of making an appearance. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 3/7/1989. Prior code § 4.1.3.050.]
7.10.060 Notice of infraction – Failure to respond – Hearing.
If a person fails to appear and respond as required in CTC 7.10.050, the Court shall enter an order finding that the person committed the traffic infraction, and shall assess the appropriate fine. If the person is a member of another Indian tribe, the Court or law enforcement may notify that tribe. Failure to appear and respond is a criminal offense under this title. [Res. 2011-020; Res. 2006-63; GC vote 3/7/1989. Prior code § 4.1.3.060.]
7.10.070 Hearings – Scheduling by the Court.
When a person requests a hearing to explain the circumstances or to contest the infraction, the Court shall schedule a hearing to take place no less than seven days and not more than 90 days from the date of the initial hearing. The Court shall give the person oral notice of the date and time of the hearing to explain the circumstances or hearing to contest the infraction, at the initial hearing. The Court shall also cause written notice of hearing to be mailed to the person requesting the hearing. [Res. 2011-020; Res. 2006-63; GC vote 3/7/1989. Prior code § 4.1.3.070.]
7.10.080 Hearing to contest the determination that an infraction was committed.
The following rules apply to hearings held to contest the determination that a civil traffic infraction has occurred:
A. The proceeding shall be heard by the Court without a jury;
B. The Tribe and the person requesting the hearing may both be represented by counsel;
C. The Tribe and the person requesting the hearing may have witnesses subpoenaed;
D. The burden of proof is on the Tribe to establish the commission of the infraction by a preponderance of the evidence;
E. The person requesting the hearing has the right to present evidence and examine witnesses;
F. After consideration of the evidence and argument, the Court shall determine whether the infraction was committed. Where it has not been established by a preponderance of the evidence that an infraction has been committed, the Court shall enter an order dismissing the action. Where it has been established that an infraction has been committed, the Court shall enter an order accordingly;
G. Any appeal shall be governed by Chapter 3.35 CTC, Appellate Rules. [Res. 2011-020; Res. 2006-63; GC vote 3/7/1989. Prior code § 4.1.3.080.]
7.10.090 Hearing to explain circumstances surrounding the infraction.
A hearing held for the purpose of allowing a person to explain the circumstances surrounding the commission of the infraction that might arguably lessen the amount of the fine shall be an informal proceeding to which the following rules apply:
A. The person requesting the hearing may not contest the determination that the traffic infraction occurred;
B. The Tribe and the person requesting the hearing may both be represented by counsel;
C. The Tribe and the person requesting the hearing may not compel witnesses to attend;
D. After the Court has heard the explanation of the circumstances, the Court shall determine whether the explanation of events justifies reducing the amount of the fine. The Court shall enter an appropriate order, which may include ordering payment of the fine, suspending part or all of the fine, or ordering payments over time. The Court has continuing jurisdiction and authority to supervise the order;
E. There shall be no right to appeal the Court’s order. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 3/7/1989. Prior code § 4.1.3.090.]
7.10.100 Order of Court.
All orders entered by the Court under this title are civil in nature. The Court may, in its discretion, waive, reduce, or suspend the fine. The Court may also order suspension or revocation of the driver’s privilege to operate a vehicle within the jurisdiction of the Chehalis Tribe, as provided under this title. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 3/7/1989. Prior code § 4.1.3.100.]
7.10.110 Suspension.
The Court may order a driver’s privilege to drive within the jurisdiction of the Chehalis Tribe be suspended as part of any penalty ordered under this title. This suspension shall not be for more than one year, and may be conditioned on the performance or nonperformance of certain activities, a clean driving record, alcohol evaluation and treatment and/or the payment of fines, in the discretion of the judge; provided, that if the penalty ordered is based on a driver’s failure to respond to a notice of infraction, the Court may revoke a driver’s privilege to drive for more than one year. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 3/7/1989. Prior code § 4.1.3.110.]
7.10.120 Limited use license.
When a driver’s privilege to drive is suspended or revoked under this title, the judge may, in his or her discretion, provide for a limited use license for that driver. This license may be limited to driving to and from work, to driving at certain times of the day only, or other restrictions as specified by the Court. [Res. 2011-020; Res. 2006-63; GC vote 3/7/1989. Prior code § 4.1.3.120.]
7.10.130 Record of traffic charges.
The Court shall keep or cause to be kept a record of every notice of civil traffic infraction or other legal form of traffic charge deposited with the Court and shall keep a record of every official action the Court takes in relation to the civil traffic infraction or other traffic charge. [Res. 2011-020; Res. 2006-63; GC vote 3/7/1989. Prior code § 4.1.6.030.]