This training will provide a framework for understanding the often dramatically harmful impact of traffic court fines and fees, and frequently accompanying driver's license suspension, on low income infraction defendants.
Date training recorded: Oct 16, 2017
Trainer(s): Theresa Zhen, Brittany Stonesifer, Devon Porter
Sponsoring Organization(s): East Bay Community Law Center (EBCLC), American Civil Liberties Union – Southern California


DETAILS

This training will provide a framework for understanding the often dramatically harmful impact of traffic court fines and fees, and frequently accompanying driver’s license suspension, on low income infraction defendants. It will explain the newly created rules that require courts to create “ability to pay” processes and forms, discuss new state laws relating to license suspension as a debt collection tool, provide information and data on county traffic court practices, and provide model forms and practical tips for advocates who want to assist indigent traffic defendants in avoiding the unfair punishment of their poverty in traffic court.

1 hour of general CLE.

Resources:

  • EBCLC’s 58-countyguide to traffic court ability-to-pay resources is available here.
  • EBCLC’s traffic clinicflyer is attached to this email. If you’d like to refer any East Bay area clients with traffic tickets, please call 510-548-4064, ext 602.
  • The Back on the Road Coalition Ability to PayImplementation Toolkit is available here. It includes:

o    Examples of motions and other court filings (sample Petition for an Ability to Pay Determination, sample Motions to Dismiss, and more)

o    “Know Your Rights” materials (flyers and sample presentations)

o    Monitoring and advocacy resources (sample letter to court administrators, sample notices and forms, court-watching guide, and DMV letter)

  • Finally, please tell us about your traffic court advocacy and experience using the toolkit by filling out this Google form.

Presenters: 

Brittany Stonesifer, Legal Services for Prisoners with Children
Devon Porter, ACLU – Southern California
Theresa Zhen, East Bay Community Law Center

To use this training for self-study MCLE credit, please complete the evaluation form on our website and submit it to trainings@laaconline.org in order to receive certification for your self-study records.

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This webinar is intended to provide legal information, not legal advice, for the purposes of training practicing attorneys. The legal information in this webinar is not intended to be a substitute for seeking personalized legal advice from an attorney licensed to practice in your jurisdiction. Further, we do not intend to create an attorney-client relationship with any listener.

Conquering Court Debt: Arguing “Ability to Pay” in Traffic Court


ADDITIONAL INFO

Training URL
Additional Materials URL
Series: Free to the Public
MCLE: 1 hour
Last revised: Apr 5, 2019 12:31 pm
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