Infraction Procedures
Being accused of an infraction can be an upsetting experience. We hope the following information 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, please do not hesitate to ask a staff member.
WHAT IS AN INFRACTION?
Previously, many traffic and criminal charges were crimes. The Legislature has decriminalized many traffic, parks, wildlife, and fisheries offenses. These offenses are now called infractions and are civil cases.
WHAT MUST I DO IF I RECEIVE AN INFRACTION?
Start by reading the entire back side of your citation. If you follow the instructions, you can't go wrong! You should note that you must respond within fifteen (15) days from the date the citation was issued. An infraction is not a crime, however failure to respond may result in the suspension of your driver license. You may respond by either mailing the green copy of the citation or by bringing it in person to the court office. Select one of the boxes on the back of the citation and verify your address in the box below. You will also need to sign on the signature line at the bottom. If you select box one (1), you are electing to pay the amount of the penalty as shown on the front of the citation.
WHAT SHOULD I WEAR AND HOW SHOULD I ACT IN COURT?
Suitable attire is required. Shoes and shirts are necessary. Halter tops, tank tops, and shorts are not permitted. Hats are to be removed upon entering the courtroom. No smoking, food, or drink will be allowed. Children may be present in the courtroom, however, if they disturb the proceedings you may be requested to remove them. The court does not provide child care. Upon your arrival, check in with the Court Services Officer outside of the courtroom. You may then have a seat in the courtroom until the session convenes. You do not need to check in with the clerk unless your name is NOT on the calendar. When your name is called, come forward and have a seat at the defense counsel table until instructed otherwise by the Judge.
WHAT IS A MITIGATION HEARING?
A mitigation hearing is where YOU ADMIT you committed the violation, but wish to explain the circumstances of the infraction to the Judge. To request a mitigation hearing you will need to check box two (2). As a result of a mitigation hearing, the penalty may remain the same, be reduced, deferred, or the citation may be dismissed.
WHAT IS A CONTESTED HEARING?
A contested hearing is where YOU DENY you committed the violation. To request a contested hearing, you will need to check box three (3). The court will provide subpoena forms for you to subpoena the witnesses that you wish to testify. The procedure at the hearing will be for the Judge to read the sworn statement of the Officer. Then you are sworn in and may testify and present any evidence or witnesses that you have subpoenaed. If you wish to have the Officer or a certified technician present, please notify the court in writing no less than fourteen (14) days prior to the date your hearing is scheduled. As a result of a contested hearing, the penalty may remain the same, be reduced, deferred, or the ticket may be dismissed. In the event you have subpoenaed witnesses, you may be required to pay witness fees. A contested infraction hearing is a civil case where the Judge will render a decision based on a preponderance of the evidence.
MAY I HAVE AN ATTORNEY AT MY CONTESTED HEARING?
You may, at your own expense, have an attorney appear and represent you at your hearing. If you will be represented by counsel, the attorney is required to file a Notice of Appearance with the court and the City Prosecutor.
WILL A TRAFFIC INFRACTION APPEAR ON MY DRIVING RECORD?
When you pay the penalty or if the Judge finds that you have committed a traffic infraction, the state law requires that the infraction be reported to the Department of Licensing. The infraction will then appear on your driving record. If you win a contested hearing and the infraction is dismissed, it is NOT reported to the Department of Licensing and will NOT appear on your driving record.
WHAT IF I DO NOT PAY MY CITATION OR APPEAR FOR A HEARING?
When an infraction is not paid within the fifteen (15) day time limit, or a hearing is not requested in writing within the fifteen (15) day time limit, or a hearing was requested but you have failed to appear for the hearing, a $52.00 failure to appear/pay/respond fee is assessed in addition to the amount shown on the citation. Your license may also be suspended and any penalty due may be assigned to a collection agency. If this describes your situation, please contact the court immediately to avoid further penalty.
WHAT ABOUT A LIABILITY INSURANCE REQUIRED CITATION?
If you receive a citation for failing to provide insurance to the Officer, and you were properly covered by the insurance at the time but was unable to provide proof at the time you were contacted by the Officer, you may file proof of insurance with the court, pay a $25.00 administrative fee and the charge will then be dismissed. If you have obtained insurance after you were given the citation, you may request a mitigation hearing (Box #2) to explain the circumstances and to show your proof of insurance to the Judge. However, you MUST exercise either option within the fifteen day time limit.
IS THERE A RIGHT TO APPEAL?
If you do not win at a contested hearing, you have the right to appeal to the Superior Court of Kitsap County. The Notice of Appeal must be filed within thirty (30) days of the judgment. There will be various appeal costs, payable in advance including the $110.00 Superior Court filing fee and the $40.00 preparation fee. If you appeal, the Superior Court will review the record that was made in this court. There will not be a new trial. The court will provide you with the information regarding the appellate process.
WHAT IF I CAN'T PAY MY PENALTY ALL AT ONCE?
If you are unable to pay your penalty in full before the fifteen (15) days expire or at the time of the hearing, you may arrange a time pay agreement. This is a contract with the court for installment payments that must be strictly adhered to. Read the contract carefully as failure to follow the contract may result in additional fees, the suspension of your driver's license and assignment of the account to a collection agency.
