Chapter 5.08

The Puyallup Tribal Council adopts this chapter to promote the welfare and safety of all persons who use the roadways lying within the jurisdiction of the Puyallup Tribe of Indians. [Res. 220391-b (3/22/91); prior code § 5.02.010]

5.08.020 Jurisdiction.

The Puyallup Tribal Court is vested with personal, subject matter and territorial jurisdiction to the extent permitted under the Constitutions and laws of the Puyallup Tribe and the United States of America and the Puyallup Land Claims Settlement Agreement dated August 27, 1988. [Res. 220391-b (3/22/91); prior code § 5.02.020]

5.08.030 Means of exercising jurisdiction.

In exercising jurisdiction over criminal traffic offenses, if a process is not specified under this title, the Tribal Court may adopt any suitable process consistent with the purpose of this title and in harmony with the spirit of Puyallup Tribal law. [Res. 220391-b (3/22/91); prior code § 5.02.030]

5.08.040 Explanation of privilege.

The operation of a vehicle within the jurisdiction of the Puyallup Tribe of Indians is a privilege, which may be granted, denied, suspended or revoked by the Puyallup Tribe of Indians. [Res. 220391-b (3/22/91); prior code § 5.02.040]

5.08.050 Officers to enforce chapter.

All Enforcement Officers commissioned by the Puyallup Tribal Council or the United States Government shall have authority to enforce this chapter. Any Enforcement Officer shall upon request produce evidence of his or her commission. [Res. 220391-b (3/22/91); prior code § 5.02.050]

5.08.060 Criminal procedures.

Chapter 4.04 PTC, entitled “Rules of Criminal Procedure of the Puyallup Tribe,” is applicable to the offenses enumerated in this title. [Res. 220391-b (3/22/91); prior code § 5.02.060]

5.08.070 Sentencing.

Traffic offenses within this chapter shall be sentenced according to the class of offense. The Court, in its discretion, may suspend all or part of a sentence, including minimum sentences, upon the performance of conditions imposed upon the defendant. The following sentences shall be imposed for each class:

Class C – No more than 30 days in jail; or a fine not to exceed $500.00; or both.

Class B – No more than 90 days in jail; or a fine not to exceed $1,000; or both.

Class A – No more than one year in jail; or a fine not to exceed $5,000; or both. [Res. 220391-b (3/22/91); prior code § 5.02.070]

Subchapter 2. Offenses

5.08.080 Failure to appear or respond.

Any person who willfully violates his or her signed promise to appear in Court regarding a criminal traffic citation or fails to respond to a summons or notice to appear regarding a criminal traffic citation shall be guilty of a Class C offense. [Res. 220391-b (3/22/91); prior code § 5.02.110]

5.08.090 Obedience to Law Enforcement Officers.

It shall be unlawful for any person to refuse or fail to comply with any lawful order, signal, or direction of any Tribal Law Enforcement Officer, flagger, or firefighter having authority to direct, control or regulate traffic. A signal under this section means any signal by hand, voice, siren or emergency lights. A person violating this section shall be guilty of a Class C offense. [Res. 220391-b (3/22/91); prior code § 5.02.120]

5.08.100 Refusal to give identification.

It shall be unlawful for any person while operating a vehicle to refuse, when requested by a Law Enforcement Officer, to give his or her name and address and the name and address of the owner of the vehicle, or for such person to give a false name and address. A person violating this section shall be guilty of a Class C offense. [Res. 220391-b (3/22/91); prior code § 5.02.130]

5.08.110 Refusal to produce driver’s license and/or registration.

It shall be unlawful for any person while operating a vehicle to refuse, when requested by a Law Enforcement Officer, to produce his or her driver’s license or the vehicle certificate of registration. A person violating this section shall be guilty of a Class C offense. [Res. 220391-b (3/22/91); prior code § 5.02.140]

5.08.120 Vehicular homicide.

When the death of any person occurs within three years as a result of injury caused by the driving of any person while under the influence of intoxicating liquor or any drug or both, as defined in PTC 5.08.170, or by the operation of a vehicle in a reckless manner or with disregard for the safety of others, the person so operating such vehicle shall be guilty of a Class A offense. [Res. 220391-b (3/22/91); prior code § 5.02.150]

5.08.130 Vehicular assault.

Any person who operates a vehicle:

(a) In a reckless manner causing serious bodily injury to another; or

(b) While under the influence of intoxicating liquor or any drug or both, as defined in the Criminal Code (Chapter 5.12 PTC), causing serious bodily injury to another shall be guilty of a Class A offense.

“Serious bodily injury” means a substantial risk of death, serious permanent disfigurement or protracted loss or impairment of any part or organ of the body. [Res. 220391-b (3/22/91); prior code § 5.02.160]

5.08.140 Reckless driving.

Any person who drives a vehicle in willful or wanton disregard for the safety of persons or property or who operates a vehicle in excess of the speed limit by more than 20 miles per hour shall be guilty of a Class B offense. [Res. 220391-b (3/22/91); prior code § 5.02.170]

5.08.150 Driving while under the influence.

A person drives while under the influence if he or she drives a vehicle while:

(a) Under the influence of intoxicating liquor or any drug; or

(b) Having 0.10 grams or more of alcohol per 210 liters of breath as shown by an analysis of the breath, blood or other bodily substance; or

The fact that a person charged with a violation of this section is or has been entitled to use such drug under the laws of this or other jurisdictions shall not constitute a defense to any violation of this section. A person driving under the influence shall be guilty of a Class B offense. [Res. 220391-b (3/22/91); prior code § 5.02.180]

5.08.160 Actual physical control.

A person in physical control of a motor vehicle while under the influence of intoxicating alcohol or any drug if he or she has actual physical control of a vehicle while:

(a) Under the influence of or affected by intoxicating liquor or any drug; or

(b) Has 0.10 grams or more of alcohol per 210 liters of breath, as shown by analysis of the person’s breath, blood or other bodily substance; or

The fact that a person charged with a violation of this section is or has been entitled to use such drug under the laws of this or other jurisdiction shall not constitute a defense to any violation of this section. Conviction of actual physical control shall be a Class B offense. [Res. 220391-b (3/22/91); prior code § 5.02.190]

5.08.170 “Drugs” – What included.

The word “drugs” as used in this chapter shall include but not be limited to those drugs and substances regulated by Chapter 5.12 PTC (Puyallup Tribal Criminal Code). [Res. 220391-b (3/22/91); prior code § 5.02.195]

5.08.180 Attempt to elude a Police Officer.

Any person operating a vehicle who willfully fails or refuses to immediately bring his or her vehicle to a stop after being given a visual or audible signal to do so by a Law Enforcement Officer shall be guilty of a Class C offense. [Res. 220391-b (3/22/91); prior code § 5.02.200]

5.08.190 Habitual traffic offender – Infractions.

Any person who has been found to have committed 12 or more traffic infractions within a two-year period shall be declared by the Court to be an habitual offender and his or her driving privilege shall be revoked for a period of no less than one year nor more than five years. Traffic infractions under this section shall include those stated under Chapter 5.04 PTC (Puyallup Tribal Civil Traffic Code) and traffic infractions under the laws of any state, county, town or city or any federal law. [Res. 220391-b (3/22/91); prior code § 5.02.210]

5.08.200 Habitual traffic offender – Criminal offenses.

Any person who has three or more convictions within a five-year period of the following offenses shall be declared by the Court to be an habitual offender:

(a) Vehicular homicide (PTC 5.08.120);

(b) Vehicular assault (PTC 5.08.130);

(d) Driving while under the influence (PTC 5.08.150);

(e) Actual physical control (PTC 5.08.160);

(f) Attempting to elude an officer (PTC 5.08.180);

The Court shall revoke the driving privilege of a person declared to be an habitual offender for a period of no less than one nor more than five years. In computing the number of convictions, multiple convictions arising from the same incident shall count as a single incident.

Traffic infractions under this section shall include those stated under Chapter 5.04 PTC (Puyallup Tribal Civil Traffic Code) and traffic infractions under the laws of any state, county, town or city or any federal law. [Res. 220391-b (3/22/91); prior code § 5.02.220]

5.08.210 Transcript or abstract as evidence.

A transcript or abstract kept by the Puyallup Tribal Court or obtained by the Puyallup Indian Tribe from another jurisdiction may be admitted as evidence in any hearing before the Puyallup Tribal Court and shall be prima facie evidence that the person committed the infraction(s) or offense(s) noted therein. If the person denies that he or she committed the infraction(s) or offense(s), he or she shall have the burden of proving that such fact is untrue. [Res. 220391-b (3/22/91); prior code § 5.02.230]

5.08.220 Implied consent.

(a) Any person who operates a motor vehicle within the jurisdiction of the Puyallup Indian Tribe shall be deemed to have given his or her consent to a chemical test or other tests of his or her blood or breath for the purpose of determining the alcoholic content or presence of drugs in his or her blood, if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person has been driving or was in actual physical control of a vehicle while under the influence of alcohol or drugs or both.

(b) Any test or tests shall be administered at the direction of a Law Enforcement Officer having reasonable grounds to believe the person to have been driving or to have been in actual physical control of a vehicle within the jurisdiction of the Puyallup Indian Tribe while under the influence of alcohol or drugs or both.

(1) That he or she has the right to refuse the test or tests;

(2) That he or she has the right to have additional tests administered by any qualified person he or she chooses. As used in this section a “qualified person” shall mean a physician, a registered nurse or a qualified technician;

(3) That refusal of such test or tests shall result in the person forfeiting his or her privilege to drive a motor vehicle within the jurisdiction of the Puyallup Indian Tribe for a period of six months for the first refusal; for a period of not less than six months nor more than one year for additional refusals.

(d) Any person under arrest for driving a vehicle or while in actual physical control of a vehicle while under the influence of alcohol or drugs or both within the jurisdiction of the Puyallup Indian Tribe, in which arrest results from an accident in which another person has received serious bodily injury or in which a vehicular homicide has occurred, a breath or blood test or tests may be administered without the consent of the person arrested.

(e) Any person under prosecution for the offense of driving a vehicle or while in actual physical control of a vehicle while under the influence of alcohol shall not use refusal to take a blood or breath test or tests as a defense to the charge of being under the influence of alcohol while driving or in actual physical control of a vehicle. The fact that a person has refused to submit to a test or tests of his or her breath or blood shall be admissible in aiding the finder of fact in determining whether or not the person was in fact under the influence of alcohol or drugs or both while driving or in actual physical control. [Res. 220391-b (3/22/91); prior code § 5.02.240]

Subchapter 3. Miscellaneous

5.08.230 Severability.

If any provision of this chapter or the application of it to any person or circumstance is held invalid, this chapter shall be given effect without the invalid provision or application and, to this end, the provisions, subchapters, sections and subsections herein are declared to be severable. [Res. 220391-b (3/22/91); prior code § 5.02.310]

5.08.240 Repeal of prior acts.

All provisions of any Tribal ordinance, resolution or regulation previously enacted or adopted by the Puyallup Tribe of Indians and its Tribal Council which are inconsistent with this chapter are hereby repealed. [Res. 220391-b (3/22/91); prior code § 5.02.320]

5.08.250 Effective date.

The ordinance codified in this chapter shall become effective on the first day of April, 1991. [Res. 220391-b (3/22/91); prior code § 5.02.330]

Chapter 5.08CRIMINAL TRAFFIC CODE

5.08.010 Purpose.