WHAT MUST I DO IF I RECEIVE AN INFRACTION?
Start by reading the entire notice of infraction (ticket). You should note that you must respond within 30 days of the date the ticket was personally served or, if the notice is served by mail, within 33 days of the date the notice is mailed. An infraction is not a crime, but failure to respond can result in increased costs to you, and in some cases the suspension of your driver's license. Your response must be in person or in writing and include your name, date of birth, and if available, your infraction number. You may send your response by mail or electronically. If you send the court your copy of the ticket, please retain your infraction number and the court’s information so that you can follow up if needed.
WHAT IF I CANNOT AFFORD TO PAY THE INFRACTION?
Washington Courts are required to inquire into a defendant’s ability to pay costs if that person is indigent. In determining the amount and method of payment for costs for defendants who are not indigent, the court shall consider the financial resources of the defendant and the nature of the burden that the payment of costs will impose. A person may be considered indigent if they currently receive benefits from TANF; aged, blind or disabled assistance; medical care services; pregnant woman assistance; SSI; federal poverty-related veteran’s benefits; refugee resettlement; Medicaid or food stamps; is involuntarily committed to a public mental health facility; or has a take home income at or below 125% of the federal poverty level. Petition re: Legal Financial Obligations
WHAT IS A MITIGATION HEARING?
A mitigation hearing is where you admit you committed the violation, but you wish to explain the circumstances. The Judge, depending on the explanation and your record, may adjust the penalty. However, the Judge will not dismiss your ticket. With very limited exceptions, the Court is required to forward all committed traffic tickets to the Department of Licensing, and the violations will appear on your driving record.
WHAT IS A CONTESTED HEARING?
A contested hearing is where you do not admit you committed the violation. 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. You may then testify or present any evidence or witnesses that you wish. If you want to have the officer or other witness present, please advise the clerk at the time you request a hearing or at least 30 days prior to your scheduled date. (Service of subpoenas is your responsibility. The court will not serve it for you.) As a result of a contested hearing, the penalty may stay the same, or the ticket may be dismissed. Only in very rare cases will the penalty be reduced if the infraction is found committed at a contested infraction hearing. In the event you have subpoenaed witnesses, you may be required to pay court costs. A contested infraction hearing is a civil case, and the judge will decide the case based on the preponderance of the evidence.
MAY I HAVE A LAWYER AT A CONTESTED 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 Skagit County Prosecutor, prior to the hearing date.
WHAT IF YOU CANNOT OR DO NOT WISH TO COME TO COURT?
There are two options available if you cannot or do not wish to come to court.
- You may appear for your scheduled infraction hearing by Zoom. Please contact the clerk or see the information about how to connect to a Zoom hearing on the court’s webpage.
- You may file what is called a “Trial by Mail”. A link to the form is available on the District Court’s web page. The court will review your written sworn affidavit as well as the citing officer's report and make a decision. You will be provided with a written judgment. If a fine is imposed, a $10 time pay fee may be assessed.
WILL A TRAFFIC INFRACTION APPEAR ON MY DRIVING RECORD?
Unless you are granted a deferred finding, when you pay the penalty, mitigate, or if the judge finds you have committed a traffic infraction at a contested hearing, state law requires that the infraction be reported to the Department of Licensing (with a few, rare exceptions). Neither the court clerk, nor the judge, has the authority to keep the infraction off your record. If 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 TICKET OR APPEAR FOR A HEARING?
A failure to pay or respond to the ticket within the time specified 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 state imposed late penalty is added to the amount shown on the ticket. In traffic cases, your license may then be suspended. The account may also be assigned to a collection agency.
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 insurance with the court clerk, pay a $25 administrative cost, and the charge will then be dismissed and not go on your driving record. This must be done within the specified response time. If you obtained insurance after you were given the ticket, and you request a mitigation hearing, be prepared to provide proof of insurance (preferably the Washington Insurance Identification Card) at the hearing or attach such proof with the trial by mail forms.
WHAT ABOUT A DEFERRED FINDING?
You may be eligible to have a traffic infraction dismissed, on certain conditions, without contesting the facts of the case. This process is called a "deferred finding." If you wish the court to grant a deferred finding you must specifically request it. A person may not receive more than one deferral within a seven-year period for traffic infractions for moving violations and more than one deferral within a seven-year period for traffic infractions for nonmoving violations. A person who is the holder of a commercial driver's license or who was operating a commercial motor vehicle at the time of the violation may not receive a deferral. A person who commits negligent driving in the second degree with a vulnerable user victim may not receive a deferral for this infraction. The court may impose conditions, such as successful completion of a period of probation, successful completion of a traffic safety school, or other conditions at the discretion of the judge. In every case you will be required to pay court costs of $200. By requesting a deferred finding, you will be agreeing that in the event there is not full compliance with all of the conditions of this order, a finding of committed shall be entered, and a penalty in the amount shown on the face of the ticket shall be imposed, payable within fifteen days of notice mailed to the address of record, and without further hearing. If the deferred finding involves a probationary period, you also agree that the filing of any notice of traffic infraction or criminal traffic citation with an offense date after entry of the deferred finding shall be considered a finding of committed, unless the case is dismissed with prejudice prior to the end of the deferral period.
IS THERE A RIGHT TO APPEAL?
If the court finds you committed the infraction(s) after a contested hearing, you have the right to appeal to the Superior Court of Skagit 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 $220 Superior Court filing fee and a $40 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. If you do a trial by mail, there is no right to appeal the decision.
HOW DO I REQUEST A PAYMENT PLAN OR MAKE PAYMENT ARRANGEMENTS?
A person may request a payment plan at any time. If not arranged during the hearing, you may go in person to the clerk’s office or send your request in writing. Your request should include your mailing address, the amount you can pay per month or how much time you need to pay the fine in full. A time pay fee of $10 may be added to the total amount of the fine. A person may request to do community service work to pay their fine. The judge will determine how much can be paid by community service work. It is important to check with the probation department before starting community service work to make sure that the hours will be accepted.
MAY I MAKE A PAYMENT ONLINE OR BY PHONE?
Credit Card payments may be made through nCourt, a payment processing center. Information on how to connect to nCourt online or by phone can be found on the court’s webpage.
