Washington State
Cost of Infractions
Clicky here.
Traffic Infractions
Traffic Infractions are non-criminal and rules are governed by Infractions: Courts of Limited Jurisdiction. These are green tickets, have a monetary fine, and do not include the possibility of jail time.
When you are cited you sign to acknowledge that you'll respond to the summons. The signature does not accept fault. Not signing the ticket may anger the officer and make them haul you away to see a judge.
There are three options on the back of the ticket including admitting guilt and paying the fine, requesting a hearing to explain the circumstances (aka Mitigation), and contesting the ticket with a hearing in front of a judge.
Many counties (although not all) in recent years have added the option to "defer" the ticket. This option may be used by citizens once every 7 years for non-criminal infractions. If you choose this option you will pay an administrative fee and the ticket will be held for a period of 6 months (or is it 1 year?) and if you receive no other tickets during that period the ticket is dropped. If you do get a subsequent ticket you would be liable for both.
Contesting Infractions
First and foremost read and understand the Court Rules. Understanding these rules are your best chance to being found not-guilty. Contesting tickets does not require an attorney although there are several with a good reputation, particularly in the Puget Sound area. You are innocent unless proven guilty by a preponderence of evidence. (more likely guilty than not or 51% guilty)
Contrary to many states Washington State does not require the police officer to be in attendance. Unless you specifically subpoena the police officer it is likely that it will be your word against their written report. It's very helpful to your case to consider using "discovery" to ask the prosecuting officer in writing for any all material that may be used against you in the case including, but not limited to officer copies of reports, notes written on the front or back of the ticket, or any other supplimentary material. Being denied discovery can be grounds for a ticket dismissal.
Subpoening the officer or not is tricky. If you really didn't do it and think you can demonstrate that by the cop being there...you might subpoena. This FAQ author prefers not to subpoena and just go after their written report as one less variable to account for.
The idea that it's "your word against the cops written report" has several positive and negatives consequences. Positively, you have a chance to rebutt their report without them present. If your argument is clear and not outlandish the judge may believe your story over the non-present officer. The second effect is that police aren't paid overtime for showing to court which generally saves the system money. The negative effect is that the judge will probably give more credence to the cop's report than yours. If it's two written reports (as in a ground officer and a airplane cop's log) it tends to be much more difficult to convince the judge you're more correct than two written reports. Finally, because Washington uses this "judicious resource" approach it is very hard to prolong cases by rescheduling. It varies by county, but you might get to reschedule a case once, but a judge may view even that negatively.
If you defend yourself forget what you saw in TV. It's not about finding a tiny nit-picky point where a cop wrote one letter or number wrong on the ticket will get your case dismissed. (See 2.1a) It's about convincing the judge your story is more likely than the citing officers. Presenting a compelling case can be hard, but since it's your word against their written word be sure to include details that they won't be able to rebut. And, don't piss off the judge. Treat them like somebody on a fence looking for a legitimate reason to fall your way.
Expect to be nervous. Unfortunately, practice makes perfect. Even if you're found guilty you should then get the opportunity to present mitigating circumstances. Show up to court early or a day before your case. See what the judge is like or what other people do right and wrong.
Common Methods for Dismissal
Some tickets can be disposed of by making an appearance, but dismissed before you get to the actual hearing stage.
Denial of Discovery - Maybe the prosecuter didn't send you the information you requested in discovery or didn't include all of the material. Point this out to the judge just as the hearing starts or if they try and present something you don't have a copy of.
Speedy Trial - Some more populous counties have big backlogs of cases and may not schedule your hearing for months after the citation. Check the court rules to see if they're over and bring it up at the start of the hearing.
Venue - Uncommon, but maybe the cop turned in the ticket to the wrong county. Your hearing has to occur in the county the infraction took place.
Overhyped Methods for Dismissal
Radar Inaccuracy - One can request a "speed measuring device" expert be present at the hearing. The local jurisdiction has to pay for this at the tune of $500. This may or may not piss off a judge and then you have to go up against an expert in the specific model radar gun. If you consider this route you should probably go to other court hearings with these experts present and become an expert yourself.
Hail Mary Methods for Dismissal
Traffic Study - Non-highway speed limits are supposed to be established by performing "traffic studies" to establish the prevailing traffic speeds or "85th percentile". If a jurisidiction sets an artificially low limit it might be possible to have the speed limit invalidated.
Speed Limit Sign Placement - Do you know where the speed limit actually starts by law? City streets are set by ordinances of councilmembers and usually in the centerline of intersections. Maybe the sign isn't in the right spot?
Deferral
Based on 46.63.070, Chapter 5 and varies from jurisdiction to jurisdiction. Not all jurisdictions allow the option and each tend to follow the same basics, but may have different rules. Generally, they allow a deferral no more than once every 7 years, charge an administrative fee of $100 or more, and if you are found guilty of another infaction within a one year period you then are liable for both.
QUOTE
...the court may defer findings, or in a hearing to explain mitigating circumstances may defer entry of its order, for up to one year and impose conditions upon the defendant the court deems appropriate. Upon deferring findings, the court may assess costs as the court deems appropriate for administrative processing. If at the end of the deferral period the defendant has met all conditions and has not been determined to have committed another traffic infraction, the court may dismiss the infraction.
Certain infractions are not deferrable including
Several county websites that have FAQs include Douglas County, Whitman County, City of Bothell, and more are findable by using Google.
Traffic Crimes
Traffic crimes including Negligent Driving and Reckless Driving are governed by a different set of court rules and beyond this FAQ. These tickets are yellow in color, have a monetary fine, include a summons for mandatory appearance before a judge, and could include jail time.
Consult an attorney!
Compact State Status
Washington State is a Compact Reporting State.
Cost of Infractions
Clicky here.
Traffic Infractions
Traffic Infractions are non-criminal and rules are governed by Infractions: Courts of Limited Jurisdiction. These are green tickets, have a monetary fine, and do not include the possibility of jail time.
When you are cited you sign to acknowledge that you'll respond to the summons. The signature does not accept fault. Not signing the ticket may anger the officer and make them haul you away to see a judge.
There are three options on the back of the ticket including admitting guilt and paying the fine, requesting a hearing to explain the circumstances (aka Mitigation), and contesting the ticket with a hearing in front of a judge.
Many counties (although not all) in recent years have added the option to "defer" the ticket. This option may be used by citizens once every 7 years for non-criminal infractions. If you choose this option you will pay an administrative fee and the ticket will be held for a period of 6 months (or is it 1 year?) and if you receive no other tickets during that period the ticket is dropped. If you do get a subsequent ticket you would be liable for both.
Contesting Infractions
First and foremost read and understand the Court Rules. Understanding these rules are your best chance to being found not-guilty. Contesting tickets does not require an attorney although there are several with a good reputation, particularly in the Puget Sound area. You are innocent unless proven guilty by a preponderence of evidence. (more likely guilty than not or 51% guilty)
Contrary to many states Washington State does not require the police officer to be in attendance. Unless you specifically subpoena the police officer it is likely that it will be your word against their written report. It's very helpful to your case to consider using "discovery" to ask the prosecuting officer in writing for any all material that may be used against you in the case including, but not limited to officer copies of reports, notes written on the front or back of the ticket, or any other supplimentary material. Being denied discovery can be grounds for a ticket dismissal.
Subpoening the officer or not is tricky. If you really didn't do it and think you can demonstrate that by the cop being there...you might subpoena. This FAQ author prefers not to subpoena and just go after their written report as one less variable to account for.
The idea that it's "your word against the cops written report" has several positive and negatives consequences. Positively, you have a chance to rebutt their report without them present. If your argument is clear and not outlandish the judge may believe your story over the non-present officer. The second effect is that police aren't paid overtime for showing to court which generally saves the system money. The negative effect is that the judge will probably give more credence to the cop's report than yours. If it's two written reports (as in a ground officer and a airplane cop's log) it tends to be much more difficult to convince the judge you're more correct than two written reports. Finally, because Washington uses this "judicious resource" approach it is very hard to prolong cases by rescheduling. It varies by county, but you might get to reschedule a case once, but a judge may view even that negatively.
If you defend yourself forget what you saw in TV. It's not about finding a tiny nit-picky point where a cop wrote one letter or number wrong on the ticket will get your case dismissed. (See 2.1a) It's about convincing the judge your story is more likely than the citing officers. Presenting a compelling case can be hard, but since it's your word against their written word be sure to include details that they won't be able to rebut. And, don't piss off the judge. Treat them like somebody on a fence looking for a legitimate reason to fall your way.
Expect to be nervous. Unfortunately, practice makes perfect. Even if you're found guilty you should then get the opportunity to present mitigating circumstances. Show up to court early or a day before your case. See what the judge is like or what other people do right and wrong.
Common Methods for Dismissal
Some tickets can be disposed of by making an appearance, but dismissed before you get to the actual hearing stage.
Denial of Discovery - Maybe the prosecuter didn't send you the information you requested in discovery or didn't include all of the material. Point this out to the judge just as the hearing starts or if they try and present something you don't have a copy of.
Speedy Trial - Some more populous counties have big backlogs of cases and may not schedule your hearing for months after the citation. Check the court rules to see if they're over and bring it up at the start of the hearing.
Venue - Uncommon, but maybe the cop turned in the ticket to the wrong county. Your hearing has to occur in the county the infraction took place.
Overhyped Methods for Dismissal
Radar Inaccuracy - One can request a "speed measuring device" expert be present at the hearing. The local jurisdiction has to pay for this at the tune of $500. This may or may not piss off a judge and then you have to go up against an expert in the specific model radar gun. If you consider this route you should probably go to other court hearings with these experts present and become an expert yourself.
Hail Mary Methods for Dismissal
Traffic Study - Non-highway speed limits are supposed to be established by performing "traffic studies" to establish the prevailing traffic speeds or "85th percentile". If a jurisidiction sets an artificially low limit it might be possible to have the speed limit invalidated.
Speed Limit Sign Placement - Do you know where the speed limit actually starts by law? City streets are set by ordinances of councilmembers and usually in the centerline of intersections. Maybe the sign isn't in the right spot?
Deferral
Based on 46.63.070, Chapter 5 and varies from jurisdiction to jurisdiction. Not all jurisdictions allow the option and each tend to follow the same basics, but may have different rules. Generally, they allow a deferral no more than once every 7 years, charge an administrative fee of $100 or more, and if you are found guilty of another infaction within a one year period you then are liable for both.
QUOTE
...the court may defer findings, or in a hearing to explain mitigating circumstances may defer entry of its order, for up to one year and impose conditions upon the defendant the court deems appropriate. Upon deferring findings, the court may assess costs as the court deems appropriate for administrative processing. If at the end of the deferral period the defendant has met all conditions and has not been determined to have committed another traffic infraction, the court may dismiss the infraction.
Certain infractions are not deferrable including
Several county websites that have FAQs include Douglas County, Whitman County, City of Bothell, and more are findable by using Google.
Traffic Crimes
Traffic crimes including Negligent Driving and Reckless Driving are governed by a different set of court rules and beyond this FAQ. These tickets are yellow in color, have a monetary fine, include a summons for mandatory appearance before a judge, and could include jail time.
Consult an attorney!
Compact State Status
Washington State is a Compact Reporting State.
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