Editor’s note: This post has been altered from its original version to correct an error.
Most people don’t realize a subtle fact about traffic tickets: Technically, you’re under arrest and could be taken to jail for committing even the most minor traffic infraction.
Going 40 in a 35? It’s a misdemeanor. Illegal U-turn? Ditto. Failure to signal when changing lanes? Hello, county jail.
Now, in practice, nobody ever is arrested for these crimes. Some are given warnings. Many get tickets, imposing a fine or a court date to argue your innocence. But technically, that ticket represents a misdemeanor arrest, and your signature thereon a bailment contingent upon your promise to appear.
But now, many in the Legislature want to change that, reducing most traffic violations to the status of a civil penalty, not an arrestable misdemeanor, gross misdemeanor or felony. (Don’t worry, serious crimes such as DUI would remain criminal, and ridiculous crimes such as affixing “sample” license plates to your car or using a cell phone while driving would still be crimes.)
Most everything else would constitute civil infractions, however. And the maximum fine for violations would be capped at $250, unless a different amount is specified in the law. (Since we’re amending the law anyway, I think there should be a $1,000 fine for felony dickishness when somebody pulls out of a strip mall into traffic directly in your path, causing you to have brake radically, change lanes, honk your horn and flip the bird all at the same time. Who’s with me?)
The idea — set to be introduced today by Assemblywoman Michele Fiore, R-Las Vegas, has garnered a lot of support thus far. I’m reliably told that almost all members of the Assembly save for Lesley Cohen, D-Henderson; Michael Sprinkle, D-Sparks and banned-from-the-building-and-from-being-a-legislator Steven Brooks, D-North Las Vegas, have signed on. In the state Senate, only Sens. Greg Brower, R-Reno; Justin Jones, D-Las Vegas and Debbie Smith, D-Sparks, haven’t signed on.
Changing the law is fairly complex, as you can see from the BDR of the bill: BDR43-616. But if all Fiore’s co-sponsors vote aye, it looks like this bill could meet even a two-thirds supermajority to pass! That’s a powerful statement to Gov. Brian Sandoval to sign the bill.
Oh, and before you cheer too loudly: Civil traffic violations would still count against your driving record, so heed Michael Conrad’s admonition handed out after roll call on Hill Street Blues and be careful out there.
UPDATE: The bill was introduced today as Assembly Bill 248. You can read it for yourself here:
http://www.leg.state.nv.us/Session/77th2013/Reports/history.cfm?ID=593.
I’m not sure if I agree with this civil traffic violation thing.
Mainly because I don’t see what it’s supposed to accomplish.
Other than to change a law so that a jurisdiction can jerk up the amount of money paid for it. But also, at the same time, it still magically falls under the criminal arena. In that it still counts against your drivers license record. And that there are still criminal penalties if the fine is not paid. But if you pay it? All of a sudden, it’s a civil penalty? Don’t make sense.
Also, not to mention this whole law seems to have the main focus of taking the court and a judge taken out of the whole process. If a person wishes to contest this, does he go before a judge in a trial? Or does he appear at a city Government approved Cash R Us Store and dispute the amount?
Speaking as someone coming from a law enforcement background, if this goes into effect, I don’t see traffic tickets for speeding being used as crime prevention anymore. To rectify a wrong in driving habits. No more deterrence. I see an effort to reduce it only to a….mistake. A mistake you have to pay for. And later on, ehh, what the fuck, you make another mistake, you pay again. Then again, eh, how much I owe in civil penalties? Fuck it, I got the money, I’ll pay. Don’t have to conform my driving habits.
I really don’t see where it gets people paying attention to laws on the road anymore. I see only that it gives speeders free reign to just…do what they want. Especially if they have the money to blow.
And on another line of thought, I see the jurisdictions will now have the ability to jack up the fines and….make money off of it. Speeding tickets are not intended for cities/counties/whatever have you to make money. The emphasis has always been to rectify driving behaviors and abide by the law. This new system will reduce it to only a money making proposition.
It’s just an effort by jurisdictions to save money so they don’t have to pay courts, judges, lawyers, court clerks, paper work processors, you name it. Plus, the added benefit of making money by setting the “civil penalty” however much they want. And I see no limits in this bill for that. They could reach the roof in the County, but cheaper in North Las Vegas and Henderson. Dumb idea that provides for no across the board fairness.
Just my thoughts, Steve…..
Criminal cases the burden of proof is on the state. Civil cases the burden of proof in on the accused.
Leave this one a criminal offense please.