FINAL BILL REPORT

SSB 5195

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Background: Driving while license suspended or revoked (DWLS 3) is a misdemeanor and it can be committed under a variety of circumstances. A person commits DWLS 3 by driving a motor vehicle when the person's driver's license is suspended or revoked because the person has (1) failed to respond to a notice of traffic infraction; (2) failed to appear at a requested hearing; (3) violated a written promise to appear in court; or (4) failed to comply with the terms of a notice of traffic infraction or citation. There are also several other behaviors which constitute DWLS 3.

There are approximately 100,000 cases of DWLS 3 filed annually. Because DWLS 3 is a criminal offense, every driver that is either cited and released, or booked into custody is given a court date. In prosecuting the case, the prosecutor must provide discovery to the defense attorney, subpoena the Department of Licensing to establish the status of the defendant's driving privilege, and subpoena the law enforcement officer who noticed the driving behavior. Many of these defendants are eligible for a public defender due to the defendant's economic status.

Summary: Violations of driving while license suspended in the third degree due to a person's failure to respond to a notice of traffic infraction, failure to appear at a requested hearing, violation of a written promise to appear in court, or failure to comply with the terms of a notice of traffic infraction or citation may be referred to the prosecutor's office so a determination can be made as to whether to file an information or divert the case for entry into a precharge diversion program.

Votes on Final Passage:

Senate	46	0
House	94	0