Being accused of an infraction can be an upsetting experience. We hope this 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, don’t hesitate to ask a staff member.

Previously, many traffic and criminal charges were crimes. The Legislature has decriminalized many traffic offenses. These offenses are now called infractions and are civil cases.

Start by reading the entire back of your notice of infraction (ticket). If you follow the instructions you can’t go wrong! You should note that you must respond within fifteen (15) days of the date that the ticket was issued. An infraction is not a crime, but failure to respond can result in the suspension of your privilege to drive. You can respond by either mailing the green ticket to the Court or bringing it in person to the District Court office. Select one of the boxes on the back of the ticket and verify your address. If you select the first box, you are electing to pay the amount of the penalty as shown on the front of the ticket.

A mitigation hearing is where you admit you committed the violation, but wish to explain the circumstances of the infraction. To request a mitigation hearing you should check the second box. The Judge, depending on the explanation and your record, may adjust the penalty. However, the Judge will not dismiss your ticket. As the Court is required to forward all committed traffic tickets to the Department of Licensing, it will appear on your driving record.

If you believe you did not commit the violation then you should select the third box, and request a contested hearing. Unless you request the officer to be subpoenaed, the procedure at the hearing will be for the Judge to read the sworn statement of the officer. Then you may testify or present any evidence or witnesses that you wish. If you want to have the officer present, please submit your request in writing at the time you present your ticket or as soon thereafter as possible so the hearing can be appropriately scheduled. Officers are not required to be present unless subpoenaed. There are instructions on the back of the hearing notice you will need to read that address this topic as well as other information. As a result of a contested hearing, the penalty may stay the same, be reduced, dismissed or found not committed. A contested infraction hearing is a civil case and the Judge will decide the case based on the preponderance of the evidence.

In 2000 the Legislature passed a new law allowing the court to "defer the finding" for up to one year on some infractions. The Court will charge an assessment for this that could be more than the penalty on your ticket, as well as impose conditions that you must meet. These conditions are usually, but not limited to, the condition that you not be charged with any other violation in that one year period. At the end of the year if you have met the conditions, your charge will be dismissed. A person may not receive more than one deferral within a seven-year period for each type of violation (moving and non-moving). A request for a deferral must be postmarked within 15 days of the date the ticket was issued. (If you did not request another type of hearing.) This form can be found on our website at http://www.co.lincoln.wa.us/.

If you would like to contest, mitigate or have your ticket deferred, but cannot come to Court, you have the choice of a hearing through the mail, or via the Internet. To mitigate your case by mail, check the second box on your green copy and send it to the court along with a letter explaining the circumstances. If you would like to contest your case by mail check the third box on your green copy and send it to the Court along with a statement that you would like to contest by mail. The Clerk will send you the necessary form. If you would like your ticket to be deferred indicate that at the bottom of your green copy and the Clerk will send you the necessary form. If you want to submit a statement to contest or mitigate your ticket on the Internet, there is a form to complete. Please be sure that you indicate which hearing you are requesting. There is also a form available to print and sign to send to the court requesting that your ticket be deferred. As with any request to be heard on any violation, your request must be postmarked within 15 days of the date the ticket was issued. IF YOU HAVE A COURT DATE SET AND WOULD LIKE TO BE HEARD THROUGH THE MAIL OR VIA THE INTERNET INSTEAD OF APPEARING YOU MUST MAKE THAT REQUEST AT LEAST 10 BUSINESS DAYS PRIOR TO THE HEARING.

You may, at your own expense, have a lawyer appear and represent you at your hearing. If you are to be represented by counsel, the lawyer is required to file a notice of appearance with the Court and the prosecutor, prior to the hearing date. Hearings with lawyers are scheduled separately so the Court must have prior notice.

When you pay the penalty, mitigate, or if the Judge finds that you committed a traffic infraction at a contested hearing, the state law requires that the infraction be reported to the Department of Licensing. The infraction will then appear on your driving record. Neither the Clerk nor the Judge has the authority to keep the infraction off your record. (This does not include Deferred infractions.) If you prevail at a contested hearing and the case is dismissed or found not committed, it will not appear on your driving record.

A failure to request a hearing within 15 days, or paying the ticket within 30 days will result in an order that the infraction was committed. If you asked for a hearing and do not appear your payment is due immediately. If an infraction is not paid in a timely manner or a hearing is missed, a $48.00 late penalty is added to the amount shown on the ticket. Your privilege to drive may be suspended, and the account could be assigned to a collection agency. If assigned to a Collection agency additional charges including collection fees, Attorney fees and Court costs may be added.

If you receive a ticket for no insurance and you had insurance at the time of the ticket, you may file proof of insurance within 15 days of the date the ticket was issued with the District Court and pay a $25.00 administrative cost, and the ticket will be dismissed and not go on your driving record. If you obtained insurance after you were issued the ticket you may request a hearing, and show your proof of insurance to the Judge. HOWEVER, YOU MUST DO EITHER WITHIN THE 15-DAY RESPONSE TIME.

If the court finds you committed the infraction at a contested hearing you have the right to appeal to the Superior Court of Lincoln County. The notice of appeal must be filed within 30 days of the judgment. There will be various appeal costs, payable in advance, including a $110.00 filing fee and a $40.00 record preparation fee. If you appeal, the Superior Court will review the record that was made at the District Court, but there will not be a new trial. The District Court will provide you with the information for the appellate process.