New system for traffic violations scrutinized
Drivers required to wait four months to contest
When Carrie Brinton’s allegation of running a red light was dismissed by a judge this month, she cheered.
“There can be justice!” she exclaimed as she left the courtroom in the basement of the Regional Justice Center.
Brinton was facing a four-point violation on her license, despite having no prior charges on her record. She explained to Judge Pro Tem Lucinda Coumou that there was a crash in the intersection so she ignored the stoplights and followed the directions given by the officer standing in the road.
She said the officer appeared to motion her through the light and then pounded on her windshield, declaring she ran the red light. At the hearing, Brinton read the state law to Coumou that cites that it’s a misdemeanor to ignore an officer’s commands. She also brought photos of the crash that blocked the intersection.
Brinton was among dozens who appeared in front of Coumou on that Thursday morning. Brinton represented herself, but about half of the defendants had attorneys.
Before she was allowed to appear in court, Brinton had to pay the full fine and wait about four months for her hearing date. She could not show her evidence to a clerk, a jury or a prosecutor to have the case dismissed.
‘A big circus right now’
Defense attorney Scott Holper said he has represented traffic tickets for nearly two decades in Las Vegas. But a new system implemented in the spring decriminalized 400 types of violations, turning most traffic cases into civil citations.
“It’s a big circus right now,” Holper said.
Holper said the new system requires people to pay their citation fine before they’re allowed to contest a hearing, and the burden of proof has been lowered to a “preponderance
of evidence,” which means that more likely than not the defendant has committed the crime.
The hearings to contest the citations are being scheduled out four months after the fine is paid, and if the fine isn’t paid, the court cannot issue a bench warrant or arrest the defendant.
“What is the motivation to even go to court to dispute a red light or stop sign violation if you’re already paying?” Holper asked. “And if you can’t come up with the money, why bother paying the fine with no warrant?”
Holper said the clerks cannot be presented with evidence, as the old system allowed, to dismiss a case. Defendants must request a hearing.
“The goal for any attorney is to have the client’s record maintained free of moving violations, which result in insurance increases,” Holper said. “You’ve got to avoid that at all
costs. One point raises rates $37 to $67 dollars a month.”
The new civil citation system is the implementation of a 2021 legislative bill, AB116, and its amendments from this session, SB104, that were signed into law this year. Among the new amendments, a provision was added for possible payment plans when defendants prove they cannot pay their full fine, which can be up to $500.
Joseph Maridon, the self-proclaimed “LV Traffic Ticket Guy,” said he has been filing demands for jury trials, disagreeing with the premise that all civil citations are now bench trials, meaning the judge is the only person hearing and making decisions on the case. Maridon has two appeal hearings scheduled, one in September and one in November.
“I don’t mind that they’re not putting people in jail over simple traffic violations,” Maridon said. “In
terms of the method and procedures and the way the statutes are written with regard to the process, it wasn’t well thought out and it’s being very poorly executed.”
The sponsor of both bills, state Sen. Rochelle Nguyen, D-las Vegas, could not be reached for comment on the new process.
Court administrator Jessica Gurley acknowledged the four-month wait for a contested hearing but noted that it is in line with other civil hearing calendars.
“While this date is consistent with other trial settings within the civil arena, the Court is working to establish the resources to add additional calendars to shorten this time frame,” Gurley said.