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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, and 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.
WHAT MUST I DO IF I RECEIVE AN INFRACTION?
Start by reading the entire back side of the notice of infraction (or "ticket") given to you by the police officer. Your copy of a notice of infraction is green in color. 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 back side of the 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.
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.
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),
unless a "deferred finding" was entered and complied
with.. 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.
WHAT ABOUT A "NO LIABILITY INSURANCE" TICKET?
If you receive an infraction for "failure to display proof of liability insurance" and you were insured at the time of the infraction, you may file proof of your insurance with the court along with a $25 administrative fee, and the infraction will then be dismissed and not go on your driving record. If you obtained insurance after you were issued the infraction, you may request a mitigation hearing (response number 2) to explain the circumstances and show your insurance proof to the judge. The judge generally reduces the penalty substantially. However, you must respond as described above within the 15 days required by your notice of infraction.
WHAT ABOUT TRAFFIC SCHOOL OR "DEFERRED FINDINGS"?
Some drivers may qualify for a "deferred finding"
under RCW 46.63.070(5) if requested during a mitigation or
contested hearing. A deferred fining will not go on your driving
record so long as any conditions set by the judge are satisfied.
These may include payment of costs, committing no other traffic
violations over 6 to 12 months, and possibly traffic school
attendance or compliance with other traffic related conditions.
A person is eligible for a deferred finding only once in a
seven-year period.
WHAT IF I CANNOT AFFORD TO PAY THE PENALTY IN FULL?
If you need to arrange to make several payments over time,
or need to arrange for community service instead of payment,
you will need to request a hearing to explain this to the
judge. Check box two (2), 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).
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 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.
PROCEDURE TO SET ASIDE JUDGMENT AFTER A FAILURE TO RESPOND, APPEAR OR PAY
A judgment may be entered against you on a traffic or other infraction because of failing to comply with the law as follows:
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Failure to file your response with the court in the form required by law within 15 days if the law enforcement officer gave you a copy of your infraction notice or within 18 days if you received your infraction notice by mail. See RCW 46.63.070(1) & (6)(a); IRLJ 2.4(a) & (c); IRLJ 2.5. |
B. |
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Failure to appear in person or through an attorney at a requested hearing. See RCW 46.63.070(6)(b); IRLJ 3.2. |
C. |
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Failure to pay the penalty or complete community service by the time established by the court. RCW 46.63.110(6); IRLJ 4.2. |
If your situation is described above, you may apply for relief from the judgment pursuant to the rules of court. See IRLJ 3.2(b); CRLJ 60(b). The reasons which may excuse your failure to comply include mistakes, inadvertence, surprise, excusable neglect; erroneous proceedings against a minor or person of unsound mind; unavoidable casualty or misfortune preventing a person from appearing to defend the case; or any other reason justifying relief from the judgment.
A motion must be in writing and filed with the court within a reasonable time and in most cases not more than 1 year after the judgment or order was entered. A motion under this rule does not affect the finality of the judgment or suspend its operation, unless ordered by the court.
| In order the court to consider your request, complete the attached “motion for relief from judgment or order” and file it with the court. The court will notify you to appear in court for a hearing on your motion for relief from judgment or order. If you do not appear, the court will not consider your motion for relief. (In some cases, the court will take action on your request without a hearing and notify you of the result.) |
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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.
Partial payments are not acceptable at this point. The court may reconsider its decision if good cause is shown for your failure to respond, appear or pay. To schedule a "good cause" hearing, you must file a written request for a "good cause" hearing and personally appear at the scheduled hearing date. If more than one year has passed since your failure to respond, appear or pay, the court may not allow a "good cause" hearing.
IS THERE A 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 $200 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.
DOES THE COURT PROVIDE HEARINGS BY MAIL OR E-MAIL?
Grays Harbor County District Court does provide for hearings by mail. Either request a hearing by mail when your file your required response with the court, or contact the court office if you have already responded. You will be required to fill out a written statement to be considered by the judge along with the police report to make a determination whether the infraction was committed. The court will notify you of the judge’s decision. E-mail hearings are not yet available.
Being accused of an infraction can be an upsetting experience. We hope this pamphlet will be of help in guiding you through the infraction process and take some of the mystery out of the procedures. We have tried to anticipate and answer the more frequently asked questions. If you have any additional questions, don't hesitate to ask a staff member.
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