District Court Judge Fiti Sunia has given Public Safety Commissioner Le’i Sonny Thompson until October 27th to submit to the court in writing protocols that police officers follow in issuing traffic citations.
Commissioner Le’i was inDistrict Court this morning to show cause in the case of a US citizen, Dorah Sua, who was detained at the Territorial Correctional Facility for two nights after being issued traffic citations for a broken side mirror, suspended license and failure to have a properly illuminated license plate.
Sua was issued the traffic tickets during the Labor Day weekend.
Summoned along with the Commissioner to the hearing were Deputy Commissioner Lavata’i Ta’ase Sagapolutele and the officer who issued the tickets.
Judge Sunia told the commissioner the reason why he was ordered to show cause is because its happened too often that police officers are issuing traffic citations in violation of people’s rights and the court’s effort to determine probable cause in cases.
The judge referenced several cases this month with similar circumstances where violators are being sent to the Territorial Correctional Facility and questioned the Commissioner if the department its own specific procedures so that the court can draft an order to inform members of the public of their protocol.
Commissioner Le’i said he does not have any influence over judgement calls by police officers when dealing with traffic violators.
He pointed out that these are basic infractions of the law that are now just being enforced unlike before.
Judge Sunia asked if there’s a required number of tickets which must be issued in a specific period of time.
Commissioner Le’i responded, “Absolutely not!.”
The judge informed him that just this week alone, ten similar cases have been dismissed not by the court but by the Office of the Attorney General.
Sunia commented that while the number of traffic citations issued has increased, the number of traffic cases that have been dismissed has is also up, an indication that “you’re reckless or you just want to just issue traffic citations.”
Sunia ordered the Commissioner and DPS to provide a plan of what DPS is doing to determine traffic violators and the protocols they are using to issue citations and detain people at the Territorial Correctional Facility.
Failing that, the court said it will just issue a flat order of contempt for any more traffic citations of this sort.
On the witness stand Commissioner Le’i said that police officers are instructed to enforce the law and do what’s necessary to uphold them.
He also said he has personally witnessed what police officers have to endure in dealing with violators.
