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County prosecutors and court staff review DWL third data; consider changing direct-filing practices
Summary
At the Aug. 12 meeting, staff presented preliminary counts of driving-without-license and related low-level offenses and discussed options to reduce administrative burden by requiring agencies to send potential charges to the prosecutor’s office for review before filing.
Whatcom County legal and justice stakeholders reviewed preliminary data on driving-with-license-suspended third-degree and related offenses and discussed shifting filing practices so law-enforcement agencies send suspected low-level traffic-related offenses to prosecutors for screening before filing.
Jake, a court staff member, and Caleb, a county data/facilities staff member, reported on counts the county is compiling and on options used by other jurisdictions. "The number of bookings for 2024 that had at least one of those offenses was 78. So far in 2025 the number of bookings that we have that have at least one of those offense is 36," Caleb said, noting his figures were an early pass and that further granularity was forthcoming.
Committee members and staff emphasized the reporting is complex because many bookings include multiple charges and some low-level offenses are attached to more serious crimes. "It gets really complicated when I'm just saying it out loud," Caleb said, adding he planned to separate distinct counts of bookings, distinct counts of people, and distinct counts of offenses.
Prosecutors described existing practice in the county as a choice not to prosecute certain DWL third cases as stand-alones unless there is a traffic-safety issue. Jake and other staff said some other counties, such as Pierce County, avoid direct filing by agencies and instead require the agency to forward charging information to prosecutors first. "They do not allow direct filing. They send everything to the prosecutor for review," Jake said, describing that approach as one the committee could explore in coordination with law enforcement agencies and the prosecutor.
Why it matters: Committee members said direct filing by agencies creates work for courts because cases are often dismissed at arraignment, and that sending potential filings to prosecutors for pre-review could reduce unnecessary bookings and arraignments.
Committee direction: Participants requested more refined statistics showing (a) whether these offenses were sole charges or attached to more serious charges, (b) counts of unique people and unique bookings, and (c) whether bookings were new charges or warrants. Caleb said he expected to have more detailed breakdowns by end of day or at a follow-up meeting.
Ending: Members agreed to continue refining the dataset, to solicit municipal filing numbers for comparison, and to report back to the committee at a future meeting. No formal policy or ordinance change was approved at the Aug. 12 meeting.
