A person who receives a notice that a traffic infraction has been determined generally must respond within the time set by statute. The notice explains options to admit responsibility, request a hearing to contest the determination, or request a hearing to explain mitigating circumstances. If a hearing is requested to contest the ticket, the state has the burden to prove the infraction by a preponderance of the evidence and the court will decide whether to dismiss or enter an order based on that evidence.
Courts have rules about how hearings are run and who may appear. In many cases the court may accept the officer's written report instead of requiring the officer to appear, but the person named in the notice generally may subpoena witnesses, including the issuing officer, and present evidence at a contest hearing. Some hearings may allow deferred findings or other conditions for a period of time.
Current Washington law
Every answer cites the statute
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The deadline that matters
Respond within 30 days of the notice to contest a traffic infraction.
What Washington law says
The statute governing responses to traffic infractions requires a response within 30 days of the notice for traffic infractions, and sets out options to admit responsibility or request a hearing, under Wash. Rev. Code § 46.63.070. The notice form must include statements about the determination, penalties, response options, and that the state bears the burden of proof at a contest hearing, under Wash. Rev. Code § 46.63.060. Hearings to contest a determination are without a jury, may rely on an officer's written report in lieu of personal appearance, allow the person to subpoena witnesses and present evidence, and require the state to prove the infraction by a preponderance of the evidence, under Wash. Rev. Code § 46.63.090. Courts may make rules for hearing procedures and parties may be represented by counsel, under Wash. Rev. Code § 46.63.080. Judges and commissioners handling traffic infractions must complete training as set by the supreme court, under Wash. Rev. Code § 46.63.050. A different statutory provision governs responses to civil infractions, which generally requires response within 15 days, under Wash. Rev. Code § 7.80.080.
What to do
A common first step is to read the notice carefully and identify the court and the response options shown on the form.
A common next step is to complete and submit the hearing-request portion of the notice to the court specified on the notice within the response period.
A common option is to gather any evidence or witness information that may be offered at a contest hearing, including records or witness names.
A common step is to consider whether to request a hearing to explain mitigating circumstances (a different hearing option described on the notice).
A common step is to check the court's written notice of hearing for the time, date, and location, and follow any procedures the court provides for submitting documents or subpoenas.
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Common questions
What happens if no response is filed?
For traffic infractions, the notice form warns that failure to respond within the time provided may lead to suspension of driving privileges; for civil infractions, the court may enter a default judgment if the person fails to respond or appear.
Will the officer have to come to the hearing?
The court may consider the officer's written report in lieu of personal appearance, but the person named in the notice may subpoena the officer to appear at a contest hearing.
Who has the burden of proof at a contest hearing?
At a hearing to contest the determination, the state has the burden to prove the infraction by a preponderance of the evidence.
Can a hearing date be set soon after requesting it?
The court must notify the person of the hearing date; for traffic infractions the date will not be sooner than seven days from the notice except by agreement, and for civil infractions the hearing date must be not earlier than seven days nor more than ninety days from the notice of hearing.
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This is legal information only and not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
