Washington State Office of Public Defense
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1 Washington State Office of Public Defense 2008 DRIVING WHILE LICENSE SUSPENDED 3 RD DEGREE SURVEY OF COURTS OF LIMITED JURISDICTION Joanne I. Moore, Director David K. Chapman, Attorney/ Consultant
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9 (DWLS 3)
10 Relevant Washington Statutes RCW Authority to Suspend Grounds d RCW Suspension for Failure to Respond, Appear, Etc. RCW Monetary Penalties
11 Statewide DWLS 3 Court Numbers Year Number of DWLS ,960 4, , , ,
12 DWLS 3 Percent of Criminal Caseload 35.00% 30.00% 25.00% % % 10.00% 5.00% 0.00%
13 Time Pay RCW Court has authority to enter into a payment plan with a defendant (reasonable payments based on the financial ability of a person to pay)
14 Survey of Courts of Limited Jurisdiction OPD conducted a survey of CLJ courts to determine what approaches and processes are used in the handling of DWLS 3 cases. 110 courts/prosecutors responded to the survey. 4 major approaches were identified. ifi d
15 Primary Types of DWLS 3 Procedures Traditional 81% Bail Post Filing Pre Filing Forfeiture 2% Relicensing 15% Relicensing 2% Aberdeen Municipal Court Kitsap County District Court Airway Heights Municipal Court King County District Courts Anacortes Municipal Court Olympia Municipal Court Cheney Municipal Court Snohomish County District Asotin County District Court Deer Park Municipal Court Auburn Municipal Court Douglas County District Court Battle Ground Municipal Court East Wenatchee Municipal Court Bellingham Municipal Court Medical Lake Municipal Court Benton County District Court Moxee City Municipal Court Black Diamond Municipal Court Pend Oreille County District Court Blaine Municipal Court Seattle Municipal Court Bonney Lake Municipal Court Selah Municipal Court Bothell Municipal i Court Spokane Municipal i Court Bremerton Municipal Court Spokane County District Court Burlington Municipal Court Spokane Valley Municipal Court Centralia Municipal Court Toppenish Municipal Court Chehalis Municipal Court Yakima County District Court Chelan County District Court Yakima Municipal Court Clallam County District Courts Zillah Municipal Court Clark County District Court College Place Municipal Court Connell Municipal Court Cosmopolis Municipal Court Cowlitz County District Court Des Moines Municipal Court Edmonds Municipal Court Elma Municipal Court
16 Primary Types of DWLS 3 Procedures 2 Traditional Bail Forfeiture Post Filing Relicensing Enumclaw/Maple Valley Municipal Court Everett Municipal Court Federal Way Municipal Court Ferndale Municipal Court Ferry County District Court Fife Municipal Court Fircrest Municipal Court Franklin County District Court Garfield County District Court Grant County District Court Grays Harbor County District Court Hoquiam Municipal Court Island County District Court Issaquah Municipal Court Jefferson County District Court Kittitas County District Courts Klickitat District Courts Lake Forest Park Municipal Court Lakewood Municipal Court Lewis County District Court Lincoln County District Court Marysville Municipal Court Mason County District Court Milton Municipal Court Pre Filing Relicensing
17 Primary Types of DWLS 3 Procedures 3 Traditional Bail Forfeiture Post Filing Relicensing Montesano Municipal Court Mount Vernon Municipal Court Napavine Municipal Court North Bonneville Municipal Court North Pacific District Court Ocean Shores Municipal Court Okanogan County District Court Orting Municipal Court Othello District Court Pacific Municipal Court (King) Pasco Municipal Court Pierce County District Court Port Orchard Municipal Court Poulsbo Municipal Court Raymond Municipal Court Renton Municipal Court Ritzville ill District i t Court Roslyn Municipal Court Roy Municipal Court Ruston Municipal Court San Juan County District Court SeaTac Municipal Court Shelton Municipal Court Skagit County District Court South Bend Municipal Court Stevens County District Court Pre Filing Relicensing
18 Primary Types of DWLS 3 Procedures 4 Traditional Bail Forfeiture Post Filing Relicensing Stevenson Municipal Court Sumas Municipal Court Sumner Municipal Court Tacoma Municipal Court Tenino Municipal Court Thurston County District Court Union Gap Municipal Court Vader Municipal Court Walla Walla County District Court Wapato Municipal Court Whatcom County District Court Whitman County District Court Winlock Municipal Court Yelm Municipal Court Pre Filing Relicensing
19 Traditional lapproach hafter Case Filing Licensing issues may be addressed Most courts continue case so defendant can obtain a license and return to court If the defendant d returns with ih a license, the charge is reduced, dismissed, or sentence reduced Involves numerous court hearings, a prosecutor, public defender, judge, and court staff Includes Clark County District Court, Thurston County District i t Court, Chelan County District i t Court, Benton County District Court, Franklin County District Court, Grant County District Court
20 Bail Forfeiture Licensing issue normally not addressed Defendant notified that bail can be posted and then forfeited Forfeiture maybe interpreted as a criminal conviction Up to a 40% reduction in public defender referrals Reduces court congestion Kitsap County District Court and Olympia Municipal p y y p p Court
21 Post Charge Relicensing Program Relicensing addressed Eligible defendant referred to the relicensing program and the case is continued Defendant is given assistance on where to pay fines, enter into payment plans, and obtain a license If defendant completes the program, the case is dismissed Increases payment of fines Reduces prosecutor and public defender time Includes City of Spokane and partner courts, Seattle Municipal Court, Yakima County District Court and partner courts
22 Pre Charge Filing Relicensing Program Pre filing screening by prosecutor If defendants is eligible, court case is not filed and person enters the relicensing program If successfully completes the program case never filed If not successful case is filed Increases payment of fines Reduces court, prosecutor and public defender time Greatly reduces court congestion King County District Court and Snohomish County Prosecutor
23 Snohomish hcounty Rli Relicensing i Program Pre charge case filing program Prosecutor reviews reports and driving ii history for eligibility ibili Eligibility criteria Less than three DWLS convictions One or less serious criminal violations (DUI, Reckless Driving, Hit and Run Attended) No felony traffic or vehicle related felony convictions No subsequent DWLS arrests or charges Less than 3 previous failures to appear for any criminal charge Letter sent offering not to prosecute if person reinstates driving privilege within 90 days of letter date Since May 1, 2008, approximately 105 have license cleared
24 King County Relicensing Program Pre charge case filing program Prosecutor reviews reports and driving history for eligibility Invitation to enroll in lieu of filing the DLWS 3 case Enrolled persons are offered a variety it of payment option including community service and the Community work Program Unsuccessful participant cases referred to prosecutor for determination of filing. Eti Estimate t 84% reduction in DWLS 3 filings over a 2 year period Revenue exceeds costs of program
25 Seattle Municipal Court Program Post case filing program Referred to program and case continued Run by court staff Projected number of people obtaining a license in 2008 is 736 In 2007 the program collected $283,842 and 1,234 Community Service Hours
26 City of Spokane Program Post case filing relicensing program Run by the city prosecutor s office Multiple jurisdictions participate Spokane p p County, Airway Heights, Cheney, Medical Lake, Pend Oreille County, Spokane Valley Case dismissed if successfully completes First 4 months 604 participants graduated from program Projected annual amount of fines collected $240,000
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