RESOLUTION NO. 060974
Directing the City Prosecutor to
again offer defective equipment pleas for moving traffic violations.
WHEREAS, prior
to February of 2006, there existed a practice followed in the City Prosecutors
Office of entering into plea bargains with certain defendants represented by an
attorney charged with a moving violation of the Citys traffic ordinances in which
the defendant agreed to pay a higher monetary fine in exchange for the
prosecutor amending the original charge of a moving violation to the lesser,
nonmoving charge of defective equipment; and
WHEREAS, in
February 2006 the City Attorney suspended, or placed a moratorium on, this
practice so that he could, among other issues, assess ethical concerns
involving this practice, evaluate the effect of the practice on traffic and
public safety in Kansas City and assess the practices impact on the legislative
intent and policy supporting the Missouri General Assemblys legislation
establishing a point system for the regulation of driving privileges in
Missouri and supporting the Councils ordinances regulating the operation of
motor vehicles in the City, and
WHEREAS, in
early May 2006, the suspension or moratorium was lifted by the City Attorney,
and a revised policy for such plea bargains was implemented by the City
Attorney which, among other changes, substituted a no points speeding charge
of speeding less than five miles per hour over the posted speed limit for the
charge of defective equipment as the lesser amended charge; and
WHEREAS, the
Advisory Committee of the Supreme Court of Missouri has issued a written
opinion stating the prior practice does not violate the Code of Professional
Ethics of prosecutors or municipal court judges; and
WHEREAS, after
receiving substantial testimony and conducting public hearings, the Mayors
Traffic Safety Task Force did not recommend a moratorium on the procedures by
the prosecutors and judges of the Municipal Court; and
WHEREAS, the
Council disagrees with the above specific change in the plea bargaining
practice and believes that public and traffic safety is satisfactorily
protected by amending moving violations to the lesser charge of defective
equipment in exchange for a higher fine; NOW, THEREFORE,
BE IT RESOLVED
BY THE COUNCIL OF KANSAS CITY:
That the City
Prosecutor is hereby directed to modify the practice implemented in May 2006 by
the City Attorney relating to the practice of plea bargaining moving traffic
violations in such a manner that traffic violations pending after the date of
passage of this resolution can be amended to the lesser charge of defective
equipment for all moving violations as a part of a plea bargain.
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