These rules govern the procedures in the Traffic Court, a division of the Superior Court of Guam. They are intended to provide for the just determination of these cases and to that effect shall be construed to secures simplicity and uniformity in procedure, fairness in administration and the elimination of unjustifiable expense and delay. These rules may be known and cited as the TRAFFIC COURT RULES.

The Traffic Court shall hear and determine cases involving traffic offenses, litter offenses, boating offenses, smoking and animal control offenses for which the penalty upon conviction does not exceed a fine of THREE THOUSAND DOLLARS ($3000.00)*, or imprisonment of SIXTY (60) days, or both. The Traffic Court not being a Court of record, the record of proceedings need not be taken verbatim and no Court Reporter shall be required. The original pleading by the people shall be by "Complaint", a form adopted by the Judicial Council of Guam for such purpose; and the defendant shall not be entitled to a trial by jury.

The degree of proof required for conviction in Traffic Court shall be by a preponderance of the evidence.

*Footnote: The maximum fine for a Smoking Offense is $3000-00, 10 GCA S90110.

As used in these rules, unless the context clearly requires otherwise:

(a) "Traffic Offense" means any violation of the Motor Vehicle Code of Guam relating to the operation or use of a motor vehicle and violation of a statute relating to the use of any other motor vehicle.

(b) "Non-Moving Traffic Offense" means any parking or standing of a motor vehicle not in operation in violation of a statute, ordinance or regulation.

(c) "Non-Traffic Offense" means any violation of a statute, ordinance, or regulation relating to the litter, boating, smoking laws, or animal control laws.

(d) "Litter or Littering Offense" means any violation of S51205 as defined in Title 10 Guam Code Annotated, S5102(b)(c) and any violation of any other statute or ordinance relating litter.

(e) "Boating Offense" means any violation of the Territorial Boating Act of Guam, Title 10 Guam Code Annotated, Chapter 69 relating to the operation or use of any Vessels, Boats, or Motor Boats in the Territorial waters and any violation of statute or ordinance relating to the use of any vessels, boats, motor boats, or water crafts.

(f) "Smoking Offense" means any violation of the Clean Indoor Air Act of 1992, Title 10 Guam Code Annotated, Chapter 90 relating to the provisions regulating smoking i.e., in public places, places of employment, and other areas as designated by this Act.

(g) "Animal Control Offense" means any violation of the Animal Control laws as cited in Chapter 34, Title 10 of the Guam Code Annotated.

(h) "Court" means any tribunal with jurisdiction to hear and determine traffic, litter, boating, smoking violations and animal control offenses and the magistrate or judge thereof sitting as a Court, and other cases determined to be under the jurisdiction of the Traffic Court.

(i) "Magistrate or Judge" includes any officer authorized by law to sit as a Court of which these rules apply.

(j) "Disposition" as used in these rules mean determination of proceedings by judicial hearing or by waiver permissive within the scope of these rules.

(k) "Law Enforcement Officer" means a Police Officer of the Guam Police Department, Marshal or Deputy Marshal of the Superior Court of Guam, Guam Airport Authority Security, Port Authority Police, and apprehending Officers designated in S51202(a), Title 10 Guam Code Annotated.

(l) "Apprehending Officer" means any designatedindividual with the Department of Parks and Recreation, the Department of Agriculture, the Guam Environmental Protection Agency, the Department of Public Health and Social Services, the Department of Public Works, all village Mayors and Vice-Mayors, Guam Police Officers, and persons making citizens arrests, S51202(a), Title 10 Guam Code Annotated.

(a) TRAFFIC, BOATING, LITTER, SMOKING, AND ANIMAL CONTROL CASES

1. 1. In traffic and animal control cases, the complaint and summons shall be in a form known as the "Guam Uniform Complaint and Citation"; in boating cases, the complaint and summons shall be in a form known as the "Guam Uniform Boating Complaint and Citation"; in litter cases, the complaint and summons shall be in a form known as the "Uniform Litter Ticket and Complaint; and in smoking cases, the complaint and summons shall be in a form known as the "Clean Indoor Air Act Complaint and Citation". These forms shall consist of four parts (separated by carbon paper) adopted and approved by the Judicial Council of Guam.
2. The complaint printed on white paper and the reverse side shall be set out in a form adopted and approved for the purpose of recording judgment and orders to the Court;
3. The abstract of Court record for the Motor Vehicle Registration and License Section, Department of Revenue and Taxation, which shall be a copy of the complaint printed on yellow paper;
4. The police record, which shall be a copy of the complaint printed on pink paper; and
5. The summons, printed on white stock, shall be referred to as the HARD COPY.
6. Their reverse sides shall be set out in the form, with such additions or deletions as are necessary to adapt the Guam Uniform Complaint and Citation to the Court. The notice and the appearance plea and waiver shall also be printed on the summons.

(b)WHEN USED

1. The Guam Uniform Complaint and Citation forms shall be used in traffic cases when the complaint is made by the Guam Police Department, the Guam Airport Authority Police, or Port Authority Police, or the Department of Parks and Recreation Rangers.
2. The Uniform Litter Ticket and Complaint form shall be used in litter cases when the complaint is made by the Guam Police Department or an apprehending officer designated in 551202(a), Title 10 of the Guam Code Annotated.
3. The Guam Uniform Boating Complaint and Citation forms shall be used in boating cases when the complaint is made by the Guam Police Department, and the Department of Parks and Recreation Rangers.
4. The Clean Indoor Air Act Complaint and Citation forms shall be used in smoking cases when the complaint is made by the Guam Police Department, or an apprehending officer designated in S90109(a), Title 10 of the Guam Code Annotated.
5. The Guam Uniform Complaint and Citation forms shall be used in animal control cases when the complaint is made by the Guam Police Department, a Mayor of Guam, or any person authorized by the Director, Department of Public Health and Social Services, as designated in S34101(b), Title 10 of the Guam Code Annotated.

(c) RECORDS AND REPORTS

The Judge presiding over the Traffic Court shall be responsible for all citations filed or received by the Law Enforcement Officers or others in his jurisdiction and shall prepare or cause to be prepared all accountability records relating to these Complaint and Citations. Additionally, the Director or Agency head shall be responsible for All citations issued under his direction and all accountability records issued them.

CONTEMPT OF COURT

Any person who solicits or aids in the disposition, or attempted disposition of a traffic, litter, boating, smoking, and animal control complaints or summons in any unauthorized manner is in criminal contempt of the court.

(a) NOTICE:

If a defendant who is a resident or non-resident of this territory fails to answer a traffic, litter, boating, smoking, or animal control complaint or summons served upon him, the court shall mail the first notice 10 days after the appearance date to the defendant at the address stated in the complaint. The first notice may require the defendant to appear before the Clerk, Traffic Violations Bureau or the Court on a date in five (5) days no more than ten (10) days from the date of mailing of the notice. If the defendant fails to answer or deposit bail on or before the designated date on the first notice, the Court shall mail a second notice in that shall require the defendant to appear before the Clerk, Traffic Violations Bureau or the Court on a date ten (10) days no more than twenty (20) days from the date of mailing of the second notice. If the defendant fails to appear or otherwise answer on or before the designated date on the second notice, the Court shall issue a Warrant of Arrest of the defendant, complying with Rule 7(b) of these Rules.

(b) WARRANT:

1. The Court shall issue a Warrant pursuant to S15.50 of the Criminal Procedure Code of Guam, for the arrest of any defendant who is a resident or non-resident of the territory and who fails to appear or answer to the two (2) notices mailed to him in compliance with Rule 7(a) of these Rules.

   The Warrant shall be executed by the arrest of the defendant by the Marshal of the Superior Court of Guam, his Deputies, or a Police Officer. The Marshal of, the Superior Court of Guam, his Deputies, or a PoliceOfficer, executing a Warrant shall make a return thereof to the Court and shall take the arrested person before the Court pursuant to S45.10 of the Criminal Procedure Code of Guam.

   Upon the posting of cash bail, the defendant shall be directed to appear in person on a date set five (5) working days from the date of posting for a warrant arraignment to answer a traffic, litter, boating, smoking or animal control complaint.

   In the event the defendant fails to appear to answer the complaint, the cash bail posted shall be forfeited by the court and applied towards the fine. The citation shall then be considered adjudicated and closed.

2. If the Warrant is not executed within thirty (30) days, the Court shall promptly report the name of the defendant, the date and nature of the offense charged, the license number of the vehicle, vessel or motorboat number, or if it is a litter offense, all pertinent information thru an electronic device to the Chief of Police, Guam Police Department and the Vehicle Registration and License Section, Department of Revenue and Taxation. A copy of the report shall be filed with the complaint. The Court shall then mark the case as closed on its records, subject to being reopened if the appearance of the defendant is thereafter obtained. If the Warrant has been executed and satisfied, the Court shall report the same.

An objection to the validity or regularity of the complaint or process issued thereunder shall be made by the defendant only before the entry of any plea.

The defendant shall be present at the imposition of sentence in all traffic, litter, boating, smoking, and animal control cases, except in those cases enumerated in Rule 13(c) and (d).

(a) RIGHTS OF DEFENDANT

Before accepting a plea of guilty to a traffic, litter, boating, smoking or an animal control offense, the Court shall inform the defendant of his rights, which shall include, but not limited to, the rights:

1. to retain counsel at his own expense;
2. to a reasonable continuance to engage counsel;
3. to have process issued by the Court, without expense to him, to compel the attendance of witnesses in his own behalf;
4. to testify or not to testify in his own behalf; and
5. to appeal where appealable in conformity with Rule 16 of these Rules.

   The Court shall inform the defendant that a record traffic conviction may be sent to the Chief of" Police, Guam Police Department and the Motor Vehicle and License Section, Department of Revenue and Taxation, of this territory and of the state where the defendant received his license to drive, to become a part of his driving record.

   In any conviction of a litter, boating, smoking or animal control offense, the Court shall inform the defendant that a record of the conviction may be sent to the Chief of Police, Guam Police Department-,, and the agency who made the complaint, to become a part of his record.

(b) HEARING WITNESSES

In all cases, except those where a plea of guilty has been entered, the Court shall hear all witnesses reasonably available which are necessary for a just adjudication of the case, prior to judgment and sentence.

The Court may report any record of conviction to the Chief of Police, Guam Police Department and the Motor Vehicle and License Section, Department of Revenue and Taxation thru an electronic device.

(a) A defendant shall notify the Court at the time set for entry of plea whether he intends to retain legal counsel, and the name of said legal counsel shall be noted on the Court copy of the citation.

(b) If the defendant retains legal counsel at any time after the entry of a plea and before trial, his or her counsel shall inform the Court of such representation forthwith.

(c)Immediately upon receiving notification of either (a)or (b) of the paragraphs above, the Clerk," Traffic Violations Bureau shall immediately forward to the Office of the Attorney General:

1. A copy of the citation involved together with the trial date; and
2. The name of the defendant's legal counsel.

(d)If the defendant appears at trial with his legal counsel without first having informed the Court of said representation pursuant to either (a) or (b) of the paragraphs above, or if the Clerk, Traffic Violations Bureau has not complied with paragraph (c):

1. The Court shall continue the case for a period of ten (10) days and immediately inform the Office of the Attorney General pursuant to paragraph (c) and;
2. If the notification required in paragraph (a) or (b) is within ten (10) days of trial, said trial shall be continued to allow the office of the Attorney General at least ten (10) days notice prior to trial of defendant's representation.

(e) If notification pursuant to paragraphs (a), (b), or (d) is given, the Office of the Attorney General, a representative of that office may represent the complaining Police Officer(s) at trial and shall serve as prosecutor.

(f) If a defendant appears at Traffic Court without counsel and desires to proceed without counsel, then the Court shall proceed with the case and there is no necessity for a Prosecutor. The proceedings shall go forward with the Court impartially receiving testimony from the defendant, the complaining Police officer or apprehending officer and any other witnesses called.

There shall be established a Clerk, Traffic Violations Bureau (TVB Clerk), under the supervision of the Clerk of the Superior Court of Guam pursuant to §8101 of 7 GCA.

The TVB Clerk or his deputies shall accept written-.appearances, waivers of trial, pleas of guilty and payment of fines and costs in traffic, litter, boating, smoking and animal control offense cases, subject to the limitations hereinafter prescribed. The TVB Clerk shall serve under the direction of the Judge Presiding over Traffic Court cases.

The Judicial Council shall by Rule which may from time to time be amended, supplemented or repealed, designate the traffic, litter, boating, smoking and animal control offenses within the authority of the TVB Clerk or his designee.

Such offenses shall include:

1. offenses resulting in an accident;
2. reckless driving (of a motor vehicle, vessel, boat, or motorboats)
3. leaving the scene of an accident;
4. a third moving traffic and a litter or boating offense within a twelve month's period;
5. litter offenses involving "Dumping".

Such offenses shall not include:

1. indictable offenses;
2. operating a motor vehicle, vessel, boat, and motorboats while under the influence of intoxicating liquor or a narcotic or habit-producing drug;
3. permitting another person, who is under the influence of intoxicating liquor or a narcotic or a habit-producing drug, to operate a motor vehicle, vessel, boat or motorboats owned by or in his custody or control of the defendant;
4. driving or operating a motor vehicle, vessel, boat or motorboats while a driver's license or permit is suspended or revoked;

   The Judicial Council shall establish schedules, within the limits prescribed by law, of the amounts of fines to be imposed for first, second, and subsequent offenses, designating each offense specifically. The schedules shall be prominently posted in the place where the fines are paid. Fines and costs shall be paid to, receipted by and accounted by the Comptroller of the Superior Court of Guam, or his Fiscal Officer(s).

1. NON-MOVING AND NON-TRAFFIC OFFENSES

   Any person charged with a parking, standing, boating, litter, smoking, or animal control offense, provided it is his first within the preceding twelve-month period, may mail or deliver the amount of the fine and costs for the violation, together with a signed plea of guilty and waiver of trial, to the TVB Clerk. Any person who has received a first or second Notice of Failure to Appear shall appear before the Court or the TVB Clerk.

2. OTHER OFFENSES

   Any person charged with a traffic offense within the authority of the TVB Clerk, other than parking, standing, boating, litter, smoking, or animal control offense, provided it is his first within the preceding twelve-month period, may appear before the TVB Clerk and, upon signing an appearance plea of guilty and a waiver of trial, pay the fine established for the offense charged and costs. He shall prior to the plea, waiver and payment, be informed of his right to trial, that his signature to a plea of guilty shall have the same force and effect as a judgment of the court, and that the record of conviction will be forwarded to the officer prescribed in and in accordance with Rule 10(a) of these Rules relative to conviction

1. Any person who has been found guilty of or who has signed a plea of guilty to two(2) or more previous traffic, litter, boating, smoking or animal control offenses within the preceding twelve (12) month period may be permitted to appear before the TVB Clerk unless the Court, on certain specified offenses, prohibits such appearances.
2. Any person charged with a second offense. within the preceding twelve-month period and has been found guilty of or has signed a plea of guilty be assessed an additional 50% of the original fine;
3. Any person charged with a third offense within the preceding twelve-month period and has been found guilty of or has signed a plea of guilty be assessed an additional 75% of the original fine;
4. Any person charged with the same offense (repeated offense) from which a plea of guilty and waiver of trial has been signed within the preceding twelve-month period, shall appear before the Court or the TVB Clerk and an additional amount as provided for in Rule 13(d)2 and 3 will be applied accordingly.

Any Magistrate or Judge may make rules or orderly conduct of the proceedings of his Court, not inconsistent with these Rules.

The Court may amend or permit to be amended any process or pleading for any omission or defect therein, or for any variance between the complaint and the evidence adduced at the trial. If the defendant is substantially prejudiced in the presentation of his case as a result of the amendment, the Court shall adjourn the hearing to some future time, upon such terms as the Court shall think proper.

Appeal from the Traffic Court shall be to the Superior Court of Guam made by written notice of appeal filed with the Clerk of the Superior Court of Guam and the TVB Clerk within five (5) Court days after the Judgment is rendered and payment of filing fee as in Civil cases, to the Clerk of the Superior Court of Guam.

Imposition of sentence shall be stayed pending the outcome of the Superior Court of Guam decision.

Upon appeal by the defendant or the Government to the Superior Court of Guam the case shall be tried De Novo. (Sl.09(b), Criminal Procedure Code).

When the appellant is not the Government, a bond or deposit in the amount of the judgment imposed shall be made to cover the costs of the appeal in case of judgment against the appellant, and made to the Clerk, Traffic Violations Bureau.

These Rules shall not take effect until they have been reported to the Legislature by the Chairman of the Judicial Council and until the expiration of ninety (90) days after they have been thus reported.

§4102. Appellate jurisdiction and procedure. The Superior Court shall have appellate jurisdiction in all cases tried and determined in the:

1. Traffic Division wherein the amount of the fine levied is more than One Hundred Fifty Dollars ($150). Such an appeal shall be taken within five (5) court days after the judgment is rendered by Traffic Division shall be taken by filing a written notice of appeal with the Clerk of the Superior Court. The appeal shall be a trial on the merits de novo;