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Please be advised:
We apologize, but due to recent County Budget Reductions, District Court
can no longer offer the option of an Electronic Mitigation Hearing or
Contested or Mitigation Hearings by mail. Frequently Asked
Questions Infractions
Deferrals
Infractions
What is an infraction?
In 1981, the Legislature decriminalized many minor
traffic offenses to promote public safety and to facilitate the
implementation of a uniform and expeditious system for the disposition
of such offenses. Common traffic infractions are
speeding, seat belt and liability insurance violations. Since 1989,
other types of minor offenses have been decriminalized, including
certain parks, wildlife, and fisheries offenses.
These offenses are called infractions and are considered
civil cases. Back to Top
What must I do if I receive an
infraction? Your infraction citation/ticket will be
one of two formats given you by the police officer at the time you are
cited. If you receive a paper citation (5 3/4" x
9") green double-sided form, start by reading the entire back side of
that cite. For electronic citations (8 1/2" x
11") single-sided black and white form, start by reading the information
listed on the bottom right side of the cite. In
either instance, you must respond to the court within fifteen (15) days
of the date the infraction was issued to you. An infraction is not a
crime, but failure to respond can result in an increase of the amount
you must pay and in the suspension of your driver's license. Your
response must be made in one of three ways listed on the Notice of
Infraction. A more detailed explanation of each
type of response follows: 1. Respond by payment
in full.
If you select box one (1), you are choosing to pay
the amount of the penalty as shown on the front of the infraction.
Check the box, verify your address and sign the infraction on the back
where indicated. You can either mail the infraction and your payment
to the court or bring it in person to the court office. A payment in
cash, by check or money order is acceptable. It is recommended that
you do not send cash by mail.
2. Respond by requesting a hearing to explain the
circumstances.
If you select box two (2), you are requesting a
hearing to explain the circumstances. Check the box, verify your
address and sign the infraction on the back where indicated. You can
either mail the infraction to the court or bring it in person to the
court office. Called a "mitigation" hearing, this is for cases where
you are admitting the violation, but wish to explain the circumstances
to the judge. Typical requests are for either a reduction in the
amount of the penalty, a monthly payment plan, or to perform community
service work instead of paying the amount due. For example, if you
were issued an infraction for "speeding, 74 in a 60 zone" and you
believe you were only going 68, you could request a hearing to explain
that to the judge. The judge may (or may not) reduce the amount of the
penalty and make a finding of a lower speed. However, the traffic
infraction will be reported to the Department of Licensing, and it
will appear on your driving record.
3. Respond by requesting a contested hearing.
If you believe you did not commit the infraction
then you may select box three (3) and have a contested hearing. State
law allows the judge at a contested hearing to consider the officer’s
written report made under oath, unless you request the officer be
present in court for your hearing. The judge will hear the officer’s
testimony or read the officer’s sworn statement. Then you may testify
and present other witnesses and evidence in your behalf. The judge
will decide whether or not the infraction was committed based on the
preponderance of the evidence. If the judge finds the infraction
committed, a reduced penalty may still be imposed. If the judge finds
the infraction not committed, the infraction will be dismissed.
Please note that any photo citations cannot be
contested by mail and do require an in person court hearing. Back to Top
Must I appear in person if I want a
Contested or a Mitigation Hearing? Yes, if you
request either a contested or mitigation hearing, you must appear at the
court in person. We apologize, but due to recent County Budget
Reductions, District Court no longer allows the options of electronic
mitigation hearings or contested or mitigation hearings by mail. Back to Top
May I have a lawyer at a Contested
Hearing? You may have a lawyer appear and represent
you at your hearing. The lawyer fees would be your responsibility. The
court does not appoint lawyers at public expense in infraction cases. Back to Top
Will a traffic
infraction appear on my driving record? When you
are found to have committed a traffic infraction, either by paying the
penalty, having a hearing to explain the circumstances, or after a
contested hearing, state law requires the court to report the conviction
to the Department of Licensing (DOL). The traffic infraction will then
appear on your driving record, which DOL maintains for three years for
insurance purposes. If the infraction is dismissed by the court, it will
not be reported to DOL and it will not appear on your driving record. Back to Top
What about a "No
Liability Insurance" ticket? If you were cited for
violating RCW 46.30.020 (not having proof of mandatory liability
insurance), please review this court's policy for dismissal or reduction
of the fine:
If your auto insurance policy provided liability coverage effective on
or before the date and time that you were cited, for the vehicle that
you were driving, your charge may be dismissed upon payment of a $25
fee.
If your auto insurance policy provided or now provides liability
coverage effective after the date and time that you were cited, for the
vehicle that you were driving, you may quality for a reduction as
follows:
- 1st offense: reduction to $200.00
- 2nd offense: reduction to $250.00
- 3rd offense: reduction to $450.00
- 4th or subsequent offense: no reduction
Adequate proof of insurance may be in the form of a
letter from the insurance company, proof of insurance card, or copy of
your policy, but it must include the following information:
- The name of the individual listed on the
infraction
- The make and model of the vehicle listed on the
infraction
- The effective dates of the auto insurance policy
- The name of the insurance company
- A broad form policy which states that you have
valid vehicle insurance
In addition, this court requires a signed
affidavit certifying the document(s) you submitted have not been
altered. Click here to download the affidavit. Please complete the
information as requested and return it with your other proof document(s) to this court. If you prefer,
you may request a mitigation hearing to explain the circumstances
and show your insurance proof to the judge. However, you must
respond as described above within the 15 days required by your
notice of infraction. Back to Top
What about traffic
school? District Court does not allow Traffic
School as an alternative disposition to your traffic citation.
However, you may qualify to have your traffic infraction deferred.
Please CLICK HERE for more information. Back to Top
What if I cannot afford to
pay the penalty in full? You are expected to
pay any penalty of $110 or less in full following your hearing.
If you need to arrange to make time payments for
greater amounts, or need to arrange for community service instead of
payment, you will need to make these arrangements with the court
clerk immediately following your hearing.
Check the box indicating whether you want a mitigation or contested
hearing, verify your address, sign the infraction and mail or
deliver it to the court, within the 15 day time period.
(And be sure to appear for your hearing.) Back to Top
What happens if I
don't respond? I don't appear in court? I don't pay?
Failure to pay or respond to an infraction within 15
days will result in a finding that the infraction was committed and
an order that the penalty listed on the infraction is due
immediately.
If you asked for a court hearing and do not appear at
the scheduled hearing, the court will find that the infraction was
committed and order the penalty listed on the infraction due
immediately. A $52 late penalty is added when no response is made,
payment is not made in a timely manner, or a hearing is missed.
For
traffic infractions, the Department of Licensing is notified of your
failure to respond, pay or appear, resulting in suspension of your
driver’s license. Delinquent payments may also be assigned to a
collection agency with collection costs added. Back to Top
I forgot about my ticket.
What do I do now? Paying the amount due in
full, including late penalties and collection costs, will clear the
matter with the court. Hearing requests will not be granted if a
case FTA (failure to appear, respond, comply or pay) has been
issued. If your account is assigned to the collection agency, you must
contact that agency to arrange payments. Click here for more information about this Court's Driver's
Re-licensing Program.(missed-court-payments.htm)
Click here for more information about missed court dates and missed
payments.(missed-court-payments.htm) Back to Top
Is there a legal
right to appeal? You may appeal if the court
finds you committed the infraction after a contested hearing. A
written notice of appeal must be filed with the court within thirty
(30) days of the court’s decision against you. You will be
responsible for the costs of an appeal, which include a $220
Superior Court filing fee, payable in advance. If you appeal, the
Superior Court will review the record that was made at the District
Court. The Superior Court will not provide a new trial. Instructions
and forms to appeal a case are available from the District Court
office. Back to Top
How do I know what
court to go to for my traffic ticket? The
court’s name, address and telephone number should be printed on your
copy. If you have lost your copy of the citation or infraction
("ticket"), use this general rule to locate the right court:
- If you
were ticketed by a city police officer (black/navy uniform), contact
that city’s municipal court
- If you were ticketed by a county deputy
sheriff (green uniform) or a trooper for the Washington State Patrol
(blue uniform), contact the county district court
Most courts now
have computer access to an index of cases filed in most limited
jurisdiction courts in the state. Even if you go to the wrong court
office, court staff should be able, in most cases, to direct you to
the correct court. Back to Top
Deferrals
Can I Keep My Traffic
Ticket “Off My Record”?
If you have received a traffic infraction,
you may be eligible for a deferral.
-
By successfully completing a deferral,
the Court will not report your ticket to the Department of Licensing
(DOL)
-
You may defer only one moving and one
non-moving infraction each seven years.
-
The length of deferral is one year.
-
To complete your deferral, you must (1)
pay an administrative fee and (2) not commit a new traffic infraction
for one year.
-
If you commit a new traffic infraction at
any location during your deferral or fail to pay the administrative fee,
the Court will report your deferred ticket as a conviction to DOL.
-
Four infractions
listed below do not qualify
for this Court’s deferral program.
-
Additionally, the infraction of Operating
a Motor Vehicle Without Liability Insurance may be deferred only if you
show proof that you are now insured at the time you request a deferral.
Back to Top
How Do I Ask the Court
to Defer My Infraction?
To request a deferral, you may appear in
person at the Main Clerk’s Window or send in a mail request using the
downloadable form at the end of
this page. The fee is $150.00 for one charge (with an additional $70
for each additional infraction).Back to Top
When
Must I Appear to Request a Deferral?
Please request the deferral at least 5
working days before any scheduled hearing on your traffic infraction.
By appearing before your scheduled hearing, the Court can cancel
witnesses who may be subpoenaed for your hearing. The Court will not
consider deferral requests on the day of a scheduled traffic infraction
hearing if witnesses have been subpoenaed for and appear at your
hearing. Back to Top
What Does It Cost
to Defer My Infraction?
Instead of paying the face amount of your
traffic infraction, within 90 days from the Court granting you entry into
an infraction deferral program, you must pay a $150 Administrative Fee (please
add an additional $70 for each additional charge on your traffic ticket).
The Court uses this fee to check your eligibility for deferral and to
monitor your compliance with deferral terms. Back to Top
What If I Fail to Pay
the Administrative Fee for my Deferral within the Required 90 Day Period?
The Court will end your deferral and will
report to the Department of Licensing (DOL) that you committed your
traffic violation. In addition, a $52.00 penalty will be assessed against
you, a case FTA ordered and notification sent to DOL to begin processing
your driver's license for suspension. There are no exceptions to this
policy. Back to Top
What If I
Commit a New Traffic Infraction?
The Court will end your deferral and will
report to DOL that you committed your traffic infraction. There are no
exceptions to this policy. Back to Top
What
Infractions Do Not Qualify for Deferral?
The Court does not allow deferral for these
four infractions:
-
Passing a School Bus
-
Speeding in a Construction Zone
-
Any Infraction Where a Fatality Occurred
-
Any photo red light or photo radar
citations
Back to Top
Do I Qualify
to Enter a Deferral?
If you answer yes to any of these
questions, you do not qualify to defer your infraction:
-
Have you entered a deferral program on
any infraction in any jurisdiction within the last 7 years as of June
2000?
-
Do you possess a Commercial Driver’s
License (CDL) in any State?
(Due to recent legislation enacted to
comply with Federal regulations, any driver that possesses a Commercial
Driver’s License in any State and is cited for any infraction shall not be
allowed to defer an infraction.) Back to Top
May I
Download the Deferral Form and Fill it Out at Home?
Click here to view and
download the Request to Defer Traffic Infraction form. Back to Top |
