A mitigation hearing is an informal procedure in which you admit to committing the violation on a traffic infraction, but wish to explain the circumstances to the judge. You may not argue that you did not commit the infraction. The Judge may or may not reduce the amount of penalty. The infraction will be reported to the Department of Licensing, and it will appear on your driving record. You may not appeal the court’s determination or order. Mitigations are NOT allowed by law for the following offenses: Passing a school bus (RCW 46.61.370); Speeding in a construction zone (RCW 46.61.527); Speeding in a school zone (RCW 46.61.440). If you wish to request a mitigation hearing, you must select the 2nd option on your citation and return it to the court within 15 days of the date of the ticket. Please make sure you fill in your name, mailing address, and signature.
If you received a traffic infraction and do not believe you committed the violation, you may request a contested hearing. The judge will 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. You have the right to subpoena witnesses, including the officer who issued the citation. If you wish to subpoena a witness, you must apply to the court in writing at least 14 days prior to the hearing. Witnesses should be served at least 7 days before the hearing. You may appeal the court’s decision if you are found to have committed the infraction. If you wish to request a contested hearing, you must select the 3rd option on your citation and return it to the court within 15 days of the date of the ticket. Please make sure you fill in your name, mailing address, and signature.
A deferred finding is an opportunity for you to have your traffic infraction dismissed. If the court grants a deferral, you must meet all of the conditions of the deferral for the infraction to be dismissed. You may have a deferral for one moving and one non-moving infraction only once every 7 years anywhere in the state. You are NOT eligible for a deferral if you have a CDL (commercial driver’s license). The period of deferral is for 4 months. You cannot commit another infraction within this deferral period. You must pay administrative costs in the amount of the fine assessed on the face of your citation before the end of the deferral and you must attend traffic school if your deferral is for a moving violation and pay any fees associated with the attendance of the class.
You are not eligible for a deferral if you have a CDL (commercial driver’s license).
The following traffic violations may be reduced at the front counter with proof of license and/or insurance without requesting a court hearing:
NO INSURANCE ($550):
W/PROOF OF INS AT TIME STOPPED – DISMISS W/$25 COST
W/PROOF OF INS AFTER STOP 1ST TIME - $150
W/PROOF OF INS AFTER STOP 2ND TIME - $300
W/PROOF OF INS AFTER STOP 3RD TIME - $450
W/PROOF OF INS AFTER STOP 4TH OR MORE TIMES – FACE AMT
NO DRIVER’S LICENSE ON PERSON ($124):
W/PROOF OF LICENSE - $75
NO VALID OPER LICENSE W/ID ($550):
W/PROOF OF VALID LICENSE - $150
EXPIRED VEH LICENSE – OVER 2 MO. ($216):
W/PROOF OF TABS/REGIST - $125
EXPIRED VEH LICENSE – UNDER 2 MO. ($124):
W/PROOF OF TABS/REGIST - $75
Failure to respond, failure to appear at any hearing, or failure to pay will automatically increase the monetary penalty of your citation, and, in a traffic case, your driving privilege will be suspended until you have paid all the penalties required by law. If you fail to appear for a hearing on a criminal traffic case, your driving privilege will be suspended until you appear in court before the judge. If you clear up your case by paying or appearing, the court will inform the Department of Licensing electronically to lift the hold off your license immediately. You may have to pay a reinstatement fee to DOL at the time of your license renewal.
To appeal a guilty or committed finding, you must file a Notice of Appeal within 30 days of the judgment. The Notice of Appeal form can be picked up and filed at the court office in Yelm. For a non-criminal case, you will need to pay a filing fee of $220.00. For a criminal case, you will need to pay a transmittal fee of $40.00. You may request an audio CD of the court proceedings for a tape fee of $20.00.