(1) A statement that the notice represents a determination that a traffic infraction has been
committed by the person named in the notice and that the determination shall be final
unless contested as provided in this Chapter;
(2) A statement that a traffic infraction is a non-criminal offense for which imprisonment
may not be imposed as a sanction; that the penalty for a traffic infraction may include
the suspension or revocation of a person’s privilege to operate a motor vehicle on the
Reservation;
(3) A statement of the specific traffic infraction for which the notice was issued;
(4) A statement of the monetary fine established for the traffic infraction;
(5) A statement of the options provided in this Chapter for responding to the notice and the
procedures necessary to exercise these options;
(6) A statement that at any hearing to contest the determination the Tribe has the burden
of proving, by a preponderance of the evidence, that the infraction was committed; and
that the person may request the Court to subpoena witnesses, including the officer who
issued the notice of infraction;
(7) A statement that at any hearing requested for the purpose of explaining mitigating
circumstances surrounding the commission of the infraction the person will be deemed
to have committed the infraction and may not subpoena witnesses;
(8) A statement that the person must either pay the fine or respond to the notice as
provided in this Chapter within 15 days or the person’s privilege to operate a motor
vehicle within the Reservation may be suspended or revoked;
(9) A statement that failure to either pay the fine or appear at a hearing requested for the
purpose of contesting the determination or for the purpose of explaining mitigating
circumstances shall result in a determination that the infraction was committed and the
appropriate penalty, which may include suspension or revocation of the person’s
privilege to operate a motor vehicle within the Reservation;
(10)
A statement that failure to respond to a notice of traffic infraction and/or the nonpayment of a fine may result in the person’s case being sent to a collection agency, and;
(11)
A statement that the person promises to respond to the notice of infraction in 1 of
the ways provided in this Chapter. If the person refuses to sign the infraction, the
officer shall write "refused" in place of the person’s signature. A person who refuses to
sign a citation is presumed to have notice of its contents.
15-3.04 Response to Notice of Infraction-Contesting Determination-Hearing-Failure to Appear.
(a) Any person who receives a notice of traffic infraction shall respond to such notice as provided in
this section within fifteen days of the date of the notice.
(b) If the person determined to have committed the infraction does not contest the determination,
the person shall respond by completing the appropriate portion of the notice of infraction,
verifying his/her correct address, and submitting it, either by mail or in person, to the Spokane
Tribal Court.
(1) A check or money order in the amount of the penalty prescribed for the infraction must
be submitted with the response.
(2) Payment with cash must be made in person.
(3) When a response which does not contest the determination is received, an appropriate
order shall be entered in the Court's records, and a copy of the order shall be mailed to
the person who committed the infraction at the address listed on the citation.
(c) If the person determined to have committed the infraction wishes to contest the determination,
the person shall respond by completing the portion of the notice of infraction requesting a
hearing and submitting it, either by mail or in person, to the Spokane Tribal Court.
(1) The Court shall notify the person in writing of the time, place, and date of the hearing,
and that date shall not be sooner than 7 days from the date of the notice, except by
agreement.
(d) If the person determined to have committed the infraction does not contest the determination
but wishes to explain mitigating circumstances surrounding the infraction, the person shall
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Revised Spokane Law & Order Code, 5/14/2013