Police Officer Preparation & Law Enforcement Resource - Archive

Hi,

I just got a traffic ticket in an indian reservation, given by a BIA officer. I checked the box where I wanted my money to go to the tribal government. My question is, does this show up on my record? What if I am late on the payment? I heard rumors that tickets issued on reservations won't show up on my driving record - instead, they show up on my credit report if I don't pay it on time!

Looking for some confirmation here. Thanks in advance.

Claire

Whether it will show up on your record will depend on the issuing Tribe and the working relationship it has with the state Dept. of Licensing.

Where I work, if the ticket is taking care of, either by payment or challenge, it doesn't show on your DOL record. If it is ignored, then it goes to collections AND is reported to DOL. Your life will be much simpler if you just pay it, or go to court, or address it by one of the legal remedies available to you. Having collections folks coming after you is not a pleasant experience.

Can someone explain this to me please.
What is a BIA officer and what's a tribal government?

Bureau of Indian Affairs.

Tribal GOV' i don't know!?

I'll do it later, have to jump in the shower and head for the office.

Tribal L/E is a jumbled up mess.

Indain Reservations have their own police departments. Beyond that, I would rather TommyWoolworth answer as he was a BIA officer I think. Either way, he knows plenty on the subject.

I had a drives license pick up order on a local woman who got a ticket on a reservation in Wisconscin. She failed to pay and due to the reciprocity between most states, she was suspended in PA. I seized her license and told her she had 3 choices.

1. Don't pay the ticket and stay suspended forever.

2. Pay the ticket in full ( by mail) and pay our state $50 as a restoration fee to get the license reisntated.

3. GO back to Wisconscin ( 1000 miles) and go to court.

She opted for #2.

Ok here we go ...... As many of you know I was a Uniform Bureau of Indian Affairs Police Officer.

Perodua: If you received a TRAFFIC CITATION from a BIA Police officer, you have committed a offense against that Tribal Government. It is the same as you living in one city/town and committing a traffic offense in neighboring community. All TRIBAL COURST are NOT courts of records. Meaning penalties imposed by a Tribal Court are NOT reported to the respective State Department of Motor Vehicles. If you are convicted the penalty stays with the Tribal Court. If you fail to pay a fine to a tribal court, like MCSAP outlined and depending on the state, your driving priviledges may be suspended. I HAVE NEVER HEARD OF AN UNPAID TRIBAL COURT FINES BEING SENT TO A COLLECTION AGENCY. I have heard of a similiar matter being sent to the United States Attorney Office for review.

The Bureau of Indian Affairs Police enforce the Code of Offenses for that respective Tribe. We also enforce Title 18 United States Code and in many jurisdictions BIA Police are cross commissioned with a local law enforcement agency (Sheriff Office) to enforce respective State Statute.

I must cur this short, but I will return and give OLDBILLPOD some insight on Tribal Governements and Law Enforcement. I hope this helps

tomwoolworth

Thanks Tom. You da' man.

I understand a little better now, thanks.

OLDBILLPLOD:

To assist you with our question: Many Tribal Governments elect to:

1) enforce thier own Tribal Code, hire their own law enforcement officers.
2) ask the US Government to enforce their Tribal Code.

There are numerous issues added to the mix. A Tribe may want to hire their own officers, but cannot afford to do so. The Tribes enter into a contract with the Government called a 638 contract. The Government is obligated to assist the tribes with self-governance issues. Money is appropiated each year by the Congress through the Bureau of Indian Affairs. Appropiations are made to tribes. Today their are 203 law enforcement programs in Indian Country. These include, Criminal Investigation and Corrections progams.

A Tribe may not want the hassle of hiring officers. Many Tribes (33 for now) request the US Governement to provide law enforcement. THE Bureau of Indian Affairs provides that law enforcement function.

Many tribes want to have their own law enforcement but can not because the STATE did not give misdemeanor criminal jurisdiction back to the Tribes, these are referred to as 280 Tribes. In these states, the legimate law enforcement authority on reservations is the county Sheriff or State Police. Period. California is an example, except for Hoppa Tribe, the LEGIMATE LAW ENFORCEMENT AUTHORITY for all other tribes in California is the COUNTY SHERIFF OR STATE POLICE.

Many California Tribes have established "Department of Public Safety" which are nothing more than glorified CASINO SECURITY GUARDS. These tribes give the illusions they have a functioning Police Department. Yet these tribes do not have a Tribal Court or Enforce a Tribal Code of Offenses.

Major Crimes( felony offenses) on Reservations are the exclusive jurisdiction and investigated by the FBI. BIA and Tribal Criminal Investigators can work and assist the FBI with Felony Investigations. In may reservations, the BIA/Tribal Investigators carry the entire investigation from start to finish.

I hope this was helpful in explaining some of the complex issues in Indian Country. There are more issues I can relate, but I do not overload.

tomwoolworth

In a previous post, I had a statement which is as follows:

"I HAVE NEVER HEARD OF AN UNPAID TRIBAL COURT FINES BEING SENT TO A COLLECTION AGENCY". I have received a PM on this matter. DWF outlined this is a practice with his tribe in Washington State.

My intention with this statment was to underscore I personally have not had an experience of a Tribal Court submitting unpaid traffic fines to a collection agency. My comments were not meant to slight DWF or take a "cheap shot".

I am NOT making exuses ...... If readers interrupt my comments as taking a "cheap shot" at DWF then I humbly apologize. I have a habit of using all caps to underscore or emphasize a thought. This is a practice I use to develop student texts or lesson plans. All caps do NOT solicit a FLAME or an attempt to take a cheap shot.

Again I apologize

tomwoolworth