Trial
By Mail
HEARING BY MAIL RULES
Introduction
This form, and these rules, apply in those circumstances where you
choose to have your infraction case resolved by mail or by online
form, rather than appearing personally in the courtroom.
Do
not use this form if you intend to appear personally in court.
You are required to file a response to a notice of infraction within
15 days of issuance. The notice of infraction provides three options
for a response: (1) payment; (2) mitigation hearing; or (3) contested
hearing. If you request either a mitigation hearing or a contested
hearing, you will be given a court date. (If you fail to file a timely
response, but submit this form within the 15 day period, we will consider
the form to be your response and decide the case without assigning
a court date.)
You may request either a hearing to mitigate (explain the circumstances)
OR a hearing to contest your traffic infraction by mail. Please note:
Except in the case of a deferred finding, your case cannot be dismissed
if you request a mitigation hearing. Note also: Normally, if a finding
of committed is entered at a contested hearing, the penalty will not
be reduced.
Mitigation/Contested Hearing by Mail
Instead of appearing in court on the date and time scheduled on your
hearing notice, you have been given the option of a mitigation or
contested "hearing" by mail. You must complete the Defendant's
Statement and Declaration below and submit it to the court prior to
the scheduled hearing as noted on your hearing notice. An actual hearing
will not take place as you have requested this be handled through
the mail. Please note: If there is more than one violation set forth
on the notice of infraction and you contest one, or some, but not
all of them, you should request a contested infraction hearing and
clearly identify in your statement those violations that you admit.
Note also: if you were charged with No Proof of Insurance under RCW
46.30.020, AND you have proof that you were properly insured on the
date and at the time of the violation, please include a copy of that
proof along with your declaration. If you fail to file this declaration
and statement prior to the hearing date, the infraction will be found
committed, a $52 default penalty will be added, and the finding will
be reported to the Department of Licensing. Unpaid fines may also
result in a referral to a collection agency and suspension of your
privilege to drive.
The court will review your declaration and the police officer's sworn
statement and render a decision. Any finding will be reported to the
Department of Licensing. Any penalty imposed will be based on the
facts of the case and your driving record. You agree to pay the court-ordered
penalty within the specified time ordered by the Judge. There is no
right to appeal. Because payment cannot be made immediately, if a
penalty is imposed there will also be added a "time pay fee"
of $10.00. You will be notified by mail of the Judge's decision.
Optional: Petition for Deferred Finding
You may also use the trial by mail process to petition for a deferred
finding. A deferred finding may be granted, in the discretion of the
court, if you are legally eligible. If you petition for a deferred
finding, that request will be determined first by the court. If the
petition is denied, the court will then proceed to either a mitigation
hearing or contested hearing according to your request. No further
hearing will be conducted if the deferred finding is granted. Because
the deferred finding may not be granted, be sure to complete the statement
whether or not you petition for a deferred finding.
The Court must receive your declaration PRIOR to the scheduled
hearing date.
If, after reading this information, you wish to proceed with an infraction
hearing by mail, select "I AGREE" and fill out the online
form.
If, on the other hand, you decide you wish to personally appear at
a hearing, simply appear at the court on the date and time scheduled
on your hearing notice.
Declarations, which are not received prior
to the scheduled hearing date, will not be considered.
If the court does not receive your declaration by the hearing date,
or payment in full, a $52 default penalty will be added and the finding
of "committed" will be reported to the Department
of Licensing. Unpaid fines may also result in a referral to a collection
agency and suspension of your privilege to drive.
By selecting "I Agree" below you state that you understand
the above rules and requirements and want to submit your information
online.
