Frequently Asked Questions in Fighting or Washington State Traffic Ticket or Driving Violation

What is a Contested Hearing?

By requesting a contested hearing you are using your constitutional right to a hearing in court. Traffic court is similar to the trial process you may see on TV. In many courts, a prosecutor will be at the contested hearing to present the case against you. Under Washington State law, traffic infractions are civil matters, not criminal. Therefore there is a lower burden of proof that must be met to find the infraction committed in traffic court. You are not required to prove you have NOT committed the infraction unless and until the state proves by a preponderance of evidence that you have committed the infraction. I always recommend that you obtain an attorney if you are planning to have a contested hearing. The legal rules of evidence will apply and the court will expect you to know them. Knowing the traffic laws and rules of evidence increases your chance to win, especially in those courts where you will be opposed by a prosecutor. You have fifteen days to pay the Washington State speeding ticket or notify the court you wish to appear. If you decide to appear, you may request a mitigation hearing or a trial. The ticket is considered a determination you committed the violation and no further evidence is necessary to convict you of the charge.

Will the Officer Appear at my Hearing?

In Washington State the officer is not required to attend the hearing and will not appear. The infraction rules specifically allow officers to “appear” by way of a written report that they write subsequent to issuing you a ticket. What is Mitigation?

If you choose to mitigate your ticket you are agreeing that you committed (are guily of) the infraction. The committed infraction will appear on your record. Mitigating the infraction means the court may reduce your fine. The judge will review the circumstances of the incident and overall driving record in determining whether to reduce your fine.

What is a Deferral?

The deferral is a statutorily authorized “free pass” as described in RCW 46.63.070. One deferral is allowed every seven years for one moving and one non-moving violation. Whether a judge grants a deferral is based upon discretionary factors. Different judges have different policies - some denying deferrals for school / construction zones, insurance tickets, and / or if you have a bad record. In addition, some courts require a driving class as a condition for granting a deferral. The cost of the deferral also ranges between a flat fee imposed by the court, regardless of the face value of your fine, or the deferral cost will be the face value of your fine. In either event, this cost is non-refundable. If you comply with the judge’s conditions of deferral, the traffic infraction will not appear on your record. However, if you get a second infraction within the probationary time period specified (usually 6 months to 1 year), or fail to make your payment, your deferral will be revoked and the first infraction will appear on your record and you will have to pay the full fine for the first infraction as well. As a result, I strongly urge clients to first contact an attorney before using their once every seven years “free pass,” as attorneys are in the best position to recommend for which courts and for which charges the deferral should be used. Trust us - we know how best to keep your record clear and maximize your chances for success.

Should I do a Contested Hearing by Mail?

This is an option that is currently available in many courts. You describe the reasons you feel the infraction should be dismissed in a letter to the court. The judge will read the letter and the officer’s report and make a decision as to whether you have committed the infraction. I do not recommend this option because it is impersonal and not very effective. In terms of weighing the evidence in factual disputes, a judge will typically take the side of the officer. Trust an attorney to know what legal arguments should be made. In addition, you do not have the same appeal rights when you do a contested hearing by mail.

What should I do if I am pulled over?

If you are pulled over by an officer, the number one rule is to not make any admissions or statements regarding the incident. Officers are trained to ask “Do you know why I pulled you over?” And too often many people respond by admitting that they were probably speeding, etc. The best response is “No officer” because you really do not know why they pulled you over until they tell you. Don’t help the officer make his job any easier against you by admitting to the violation. This can make your ticket very difficult to defend. Your only duties under the law are to respond to the officer’s request for identification, registration and proof of insurance. You have the right to remain silent, so exercise that right. You also have a right to an attorney, and I encourage you to exercise that right as well. I work to successfully defend clients facing speeding charges and other traffic infractions in Washington and aim to do so at an affordable and reasonable rate. Contact me immediately if you or someone you know has been charged with a traffic violation. You need the help of an attorney who is experienced with Washington traffic laws and rules of evidence.

What can I do about a Camera Ticket?

I do not represent defendants charged with tickets issued from a camera. The most important thing you can do is to respond. The good news is that RCW 46.63.170 (2) provides that such tickets issued through an automated traffic safety cameras are not part of the registered owner's driving record. In addition, if you are the owner of the car which was ticketed but were not driving, you can have the ticket dismissed by providing that information to the court. If you have any questions about the process, please feel free to call.

What areas areas and regions in Washington state does the attorney serve?

I serve the mainly Western Washington but sometimes even outlying Cities and Counties where traffic ticket legal representation is needed (and depending on my travel/work schedule at the time if you are not in King, Pierce or Snohomish Counties. But Please call because I have 3 or for attorney colleagues who often cover for me or handle tickets as far away as Okanogan, Spokane and Vancouver, WA region counties towards the south near the border with Oregon.)

All municipal and district courts in the list that follows:

Greater Seattle Metro region including Bainbridge and Vashon Islands, Kitsap County, Kittitas County (Ellensburg & Cle Elum), Lewis County, Pierce County, Skagit County, Snohomish County, Stevens County, Thurston County, Whatcom County, Yakima County, Federal District Courts (National Parks), Tribal Lands

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