NCJ Number
58497
Date Published
1977
Length
30 pages
Annotation
TWO PILOT TRAFFIC LAW ENFORCEMENT PROGRAMS USE ADMINISTRATIVE HEARINGS INSTEAD OF COURT PROCEDURES TO HANDLE LICENSE REVOCATIONS AND MINOR TRAFFIC LAW INFRACTIONS.
Abstract
UNDER THE PROVISIONS OF THE HIGHWAY SAFETY ACT, THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION FUNDED SPECIAL ADJUDICATION FOR ENFORCEMENT (SAFE) PROGRAMS IN SEATTLE, WASH., AND RHODE ISLAND. BEFORE STARTING THE PROJECTS THE ADMINISTRATION SURVEYED ALL STATES WHICH USED ADMINISTRATIVE HEARINGS INSTEAD OF COURT APPEARANCES TO HANDLE TRAFFIC INFRACTIONS. (A CHART SUMMARIZES THIS STATE-BY-STATE ANALYSIS.) IT WAS FOUND THAT MANY SUCH HEARINGS DID NOT FOLLOW DUE PROCESS REQUIREMENTS. HEARING EXAMINERS FOR THE SAFE PROGRAMS WERE TRAINED IN BASIC PRINCIPLES OF LAW AND A VARIETY OF APPEALS SAFEGUARDS WERE BUILT INTO THE PROGRAM. THE SEATTLE SYSTEM MADE THE DEFENDANT'S DRIVING RECORD IMMEDIATELY AVAILABLE TO THE ADJUDICATOR BY INSTALLING A VIDEO TERMINAL WHICH HAD ACCESS TO STATE FILES. THIS PROGRAM ALSO HAD TRAINED DRIVER IMPROVEMENT ANALYSTS TO COUNSEL OFFENDERS. THE RHODE ISLAND PROGRAM WAS THE FIRST STATEWIDE EFFORT. IT WAS BASED ON A STATE LAW WHICH DECRIMINALIZED MOST TRAFFIC OFFENSES AND CREATED AN ADMINISTRATIVE ADJUDICATION DIVISION IN THE DEPARTMENT OF TRANSPORTATION. THIS PROGRAM REDUCED THE BACKLOG OF COURT CASES BY 17 PERCENT, AND SIGNIFICANTLY REDUCED BOTH THE AMOUNT OF POLICE TIME SPENT IN COURT AND PAPERWORK. CALIFORNIA ATTEMPTED TO IMPLEMENT SUCH A PROGRAM BUT THE STATE LEGISLATURE WAS RELUCTANT TO PASS ENABLING LEGISLATION BECAUSE THE MEMBERS DID NOT FEEL DUE PROCESS CAN BE SAFEGUARDED. THE STATE OF WASHINGTON, DENVER, (COLO.), THE DISTRICT OF COLUMBIA, AND VIRGINIA ARE INVESTIGATING SIMILAR PROCEDURES. TABLES ACCOMPANY THE TEXT. (GLR)