Chapter 10.22
TRAFFIC DIVERSION PROGRAM (TRAFFIC SCHOOL)
Sections:
10.22.020 Findings – Objectives.
10.22.030 Eligibility – Qualifications.
10.22.010 Adopted.
The city of Eagle Point hereby adopts the traffic diversion program (traffic school) for certain traffic violations for the Eagle Point municipal court, as described in this chapter, and authorizes and directs the municipal court staff to initiate such program and administer the same consistent with the council’s directives recited in this chapter. [Ord. 2013-05 § 1].
10.22.020 Findings – Objectives.
A. The city has the authority to implement a traffic diversion program (traffic school) and to grant authority to its municipal court judge and staff to implement and operate such program.
B. The city of Eagle Point would like to offer a traffic diversion program (traffic school), as designated by the municipal court. The traffic school would be entered into voluntarily and at the expense of the individuals receiving certain driving violation citations, as designated by the municipal court judge.
C. The traffic school program is designed to allow drivers the opportunity to recognize and review their driving habits, attitudes and behaviors. The objective is to motivate drivers to heighten their driving awareness and establish safer driving techniques for the enhanced safety of the entire community.
D. Defendants successfully completing the traffic school and meeting the other requirements of the municipal court, as described in this chapter, will benefit by the dismissal of the applicable charge from their driving record. [Ord. 2013-05].
10.22.030 Eligibility – Qualifications.
A. To be eligible for traffic school, a person must:
1. Have a valid driver’s license or permit; however, a person is not eligible for this program if they have a commercial driver’s license status (CDL).
2. Appear in person at the municipal court to enter a plea of guilty or no contest to the violation, and elect to participate in this program and enroll in the traffic school at their own expense, which is in addition to the fees assessed by the municipal court.
B. Other qualifications and details about the program are as follows:
1. If the defendant enters a not guilty plea, the option for this program or any other diversion program offered by this court will no longer be available.
2. A person is not eligible for this traffic school if the person has participated in a previous traffic school diversion program in this court or any other court or has been convicted, in this state or any other state, within three years prior to the date of the occurrence of the offense in this case. In addition, a person is not eligible if they are currently participating in any traffic school program. Any prior diversion program for a crime involving the operation of a vehicle is a disqualification.
3. The municipal court judge is granted discretion as to whether to allow a defendant to participate in the traffic school program. If the defendant completes the program, including the payment of the municipal court’s fee(s), the violation will be dismissed. A fee will be assessed by the municipal court that is equal to the presumptive fine plus the city’s traffic safety equipment fee of $20.00, adopted by EPMC 10.24.030.
4. Traffic school must be completed within 90 days of the original appearance in municipal court. Written verification of completion of the course must be submitted to the municipal court, or its staff, by the defendant within 90 days of the original appearance in municipal court.
5. Failure to complete traffic school will result in a conviction for the offense being entered and the fee paid toward traffic school will be applied to the presumptive fine imposed, and not be credited or refunded. [Ord. 2013-05].