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Traffic and Other Infractions
Frequently Asked Questions
Several years ago, the Washington Legislature decriminalized many traffic offenses. These offenses are now called infractions and are civil instead of criminal cases. What if I receive an infraction? Start by reading the entire back-side of your notice of infraction (the ticket). Follow the instructions contained on the back, making sure that you respond to the court within fifteen (15) days of the date that the ticket was issued. Note that while the infraction is not a crime, failure to respond can result in the suspension of your driving privilege. You can respond by either mailing the green ticket to the Court or bringing it in person to the District Court office. You must select one of the boxes on the back of the ticket and verify your address. If you decide to pay the ticket without coming to court, you should mark box one (1) and send the penalty amount listed in the "penalty/bail" box located on the front in the lower right-hand part of the ticket. What if I just want to explain what happened? If you admit or committed the violation, but wish to explain the circumstances of what happened, you may check box two (2). This is called a mitigation hearing and a court date will be sent to you. You then will attend a short Court proceeding. The Judge, depending on the explanation and your record, may adjust the penalty. However, the Judge will not dismiss the ticket and it will appear on your driving record. What if I don't agree with the ticket? If you believe you did not commit the violation, then you should select box three (3) to request a contested hearing. Here, the Judge will read a sworn statement submitted by the officer unless you request the presence and live testimony of the officer. Then you may testify or present any evidence or witnesses that you wish. If you want to have the officer or any technician present, you must advise the clerk at the time you present your ticket or as soon as possible thereafter so the hearing can be appropriately scheduled. As a result of a contested hearing, a ticket may be dismissed, the original penalty imposed in full, or some lesser amount may be imposed. If you have subpoenaed witnesses and the court finds you did commit the infraction, you may be required to pay court costs. A contested infraction hearing is a civil case in which the Judge must find a preponderance of the evidence is against you before the infraction can be deemed committed. At your own expense, you may have a lawyer appear and represent you at your hearing. The lawyer will know how to notify the court of their representation of you and your court date will be sent to them. How will an infraction appear on my driving record? When you pay the penalty, mitigate or are found to have committed the infraction at a contested hearing, the law requires that the infraction be reported to the Department of Licensing. The infraction will then appear on your driving record. If you win at a contested hearing and the citation is dismissed, it is not reported and will not appear on your driving record. What if I do not pay for the ticket or appear for the hearing? A failure to pay or respond to the ticket within 15 days results in an order that the infraction was committed. If you asked for a hearing and do not appear, your payment is due immediately. When an infraction is not paid in a timely manner or a hearing is missed, a $52.00 late penalty is added to the original penalty listed on the ticket. A notice to pay the increased amount will be sent to you. Your license may be suspended if the penalty is not paid as required following the notice and the ticket may be assigned to a collection agency, involving additional costs. What about a no liability insurance ticket? If you receive a ticket for no insurance and you had insurance at the time of the ticket, you may file proof of the insurance with the court and the charge will be dismissed and not go on your driving record. If you, obtained insurance after you were cited, you may request mitigation of the citation and show proof of the insurance. The court will then notify you of any reduction in the penalty amount. You must do this within the 15 day response time. If you do not win at a contested hearing, you have the right to appeal to the Superior Court of Okanogan County. A Notice of Appeal must be filed within 30 days of the court's decision against you. There is a $200.00 Superior Court filing fee. The Superior Court will review the record that was made at the District Court; there will not be a new hearing. The District Court office has a form and instruction sheet to assist with the appellate process. What if I can’t pay my penalty all at once? If you can't pay all of your penalty, you will be offered a time payment agreement. This is a contract with the Court for installment payments and must be strictly adhered to. Read the agreement carefully, as failure to comply can result in late fees, suspension of your driver's license and assignment of the account to a collection agency resulting in additional expense. What options are available to make my payments? You can pay online at Modern Payments, call the court (509) 422-7170 to pay with a credit card, mail your payment, or make your payment in person.
Where can I find needed forms? Other forms may be provided at your District Court office or on our forms page. Declaration for
Infractions
NOTICE
OF INFRACTION - English
Aviso
De Infraccion - Espanol
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