NCJ Number
45619
Date Published
1976
Length
25 pages
Annotation
TO DETERMINE THE FEASIBILITY AND DESIRABILITY OF IMPLEMENTING ADMINISTRATIVE ADJUDICATION OF TRAFFIC OFFENSES IN CALIFORNIA, A TASK FORCE STUDY AND A PUBLIC OPINION SURVEY WERE UNDERTAKEN.
Abstract
DISCUSSION WITH FEDERAL OFFICIALS, AND A REVIEW OF EXISTING JUDICIAL ADJUDICATION SYSTEMS AND THEIR ADVANTAGES AND PROBLEMS, INDICATE THAT DECRIMINALIZATION OF MINOR TRAFFIC VIOLATIONS IN CALIFORNIA WOULD BE CONSTITUTIONAL, WOULD GENERATE GREATER REVENUES THAN THE CURRENT (1976) SYSTEM, WOULD REDUCE WORKLOADS OF CRIMINAL JUSTICE PERSONNEL INVOLVED IN ENFORCEMENT OF TRAFFIC LAWS, AND WOULD RESULT IN INCREASED DETECTION OF MULTIPLE OFFENDERS AND LESSENED DRIVER IMPROVEMENT PROGRAM NEEDS FURTHER GROUPS AND AGENCIES AT BOTH THE FEDERAL AND STATE LEVELS FAVOR THE IMPLEMENTATION OF A SIMPLIFIED SYSTEM FOR TRAFFIC OFFENSE ADJUDICATION; A STATEWIDE PUBLIC OPINION SURVEY INDICATES A 71 TO 77 PERCENT FAVORABLE RESPONSE TO ESTABLISHMENT OF AN ADMINISTRATIVE ADJUDICATION SYSTEM. BASED ON THIS RESEARCH, A CALIFORNIA ADMINISTRATIVE ADJUDICATION MODEL IS PROPOSED WHICH SPECIFIES ESTABLISHMENT OF A GOVERNOR-APPOINTED BOARD TO ADMINISTER THE PROGRAM AND TO HEAR APPEALS, ADJUDICATION BY HEARING OFFICERS WITH LEGAL AND TRAFFIC SAFETY TRAINING, THE INCLUSION OF JUVENILE DRIVERS IN THE SYSTEM, THE AVAILABILITY OF SUMMARY AND CONFRONTATION HEARINGS TO ACCUSED DRIVERS, COUNSELING OF EACH VIOLATOR ON THE TRAFFIC SAFETY IMPLICATIONS OF THE OFFENSE AT THE TIME OF HEARING, AND A UNIFORM STATEWIDE SANCTION SYSTEM. ADMINISTRATIVE, ORGANIZATIONAL, AND OPERATIONAL ASPECTS OF THE PROPOSED MODEL ARE ALSO CONSIDERED. OVERALL, THE STUDY SUGGESTS THAT SUCH ADJUDICATION WOULD BE BOTH FEASIBLE AND DESIRABLE IN CALIFORNIA. HOWEVER, LACK OF PRECISE DATA IN A NUMBER OF AREAS SUGGESTS THE NEED FOR AN 18-MONTH IMPLEMENTATION STUDY TO BE FOLLOWED BY A TWO YEAR PILOT PROJECT. ENACTMENT OF ENABLING LEGISLATION FOR THE PROPOSED IMPLEMENTATION STUDY AND THE PILOT PROJECT IS RECOMMENDED. (JAP)