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An Introduction to Infraction Procedures
Clallam County District Court I "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 to answer the more frequently asked questions. If you have any additional questions, do not hesitate to ask a staff member."
Rick Porter, Judge
What is an Infraction?
Previously, many traffic and other charges were crimes. The Legislature has decriminalized many traffic, parks, wildlife, and fisheries offenses. These offenses are now called infractions and are civil cases.
What must I do if I receive an Infraction?
Start by reading the entire back side of your notice of infraction (ticket). If you follow the instructions you can not go wrong! You should note that you must respond within thirty (30) days of the date the ticket was issued. An infraction is not a crime, but failure to respond can result in the suspension of your drivers license. 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 box one (1) you are electing to pay the amount of the penalty as shown on the front of the ticket. If you need to have the ticket cleared quickly, please pay by cash or money order. A personal check will not close your case and adjudicate the ticket until the check has cleared (approximately 14 days). You can also take advantage of our credit card payment system by phoning 1-800-530-8281 and paying as directed.
Deferred Finding
You may also elect to DEFER 1 moving and 1 non-moving infraction each 7 years. To make this election, bring your ticket to the District Court I counter for the proper application forms.
What should I wear and how should I act in court?
Suitable attire is required. Shoes and shirts are necessary. Halter tops, tank tops, and shorts are not permitted. Hats are to be removed upon entering the courtroom. No smoking, food or drink will be allowed. Children over age 6 may be present in the courtroom, but if they disturb the proceedings you may be requested to remove them. The court does not provide child care. Upon your arrival, find your name on the calendar outside the courtroom and then have a seat in the proper courtroom until the session convenes. You do not need to check with the Clerk unless your name is NOT on the list. When your case is called, come forward and take a seat at one of the counsel tables until instructed otherwise by the Judge.
What is a mitigation hearing?
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 box two (2). 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.
What is a contested hearing?
If you believe you did not commit the violation then you should select box three (3) and have 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 or any technician present, please advise the Clerk at the time you present your ticket or as soon thereafter as possible so the hearing can be appropriately scheduled. As a result of a contested hearing, the penalty may stay the same, be reduced, or the ticket dismissed. 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 a 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 appropriate prosecutor, prior to the hearing date. A separate hearing is held when lawyers are involved and it is necessary to have sufficient notice for scheduling.
Will a traffic infraction appear on my driving record?
When you pay the penalty, mitigate, or if the Judge finds you have 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 Court Clerk., nor the Judge, has the authority to keep the infraction off your record. If you win at a contested hearing and 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 30 days 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 $53 late penalty is added to the amount shown on the ticket. Your license may then be suspended if the penalty is not paid following a notice to pay the increased penalty, and the account may be assigned to a collection agency.
Is there a right to appeal?
If you do not win a contested hearing you have the right to appeal to the Superior Court of Clallam 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 $200 Superior Court filing fee, a $40 Court Costs preparation fee, and a $100 appeal bond. 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 Office will provide you with information about the appellate process.
What if I can not pay my penalty all at once?
If you can not pay all of your penalty at the time of the hearing, the Judge or the Clerk will work out a time payment agreement. This is a contract with the Court for installment payments and must be strictly adhered to. Read the contract carefully, as failure to follow the contract can result in late fees, a possible suspension of your license, and assignment of the account to a collection agency.
Assignment to a collection agency
When your case is referred to a collection agency, you receive a letter from the agency. The letter will tell you the status of your case and give you the actual assignment to collections date. You have approximately 30 days to pay the court before assignment. Once your case is assigned to the collections agency, you must pay the principal owed on the case, collection fees and interest (if any) directly to the collections agency. If there is a lien on your driver's license, once the case is paid to the collections agency, you may contact the court to have the case adjudicated with the Department of Licensing and your driver's license cleared for reinstatement.
Please be advised that collection fees are 30% in addition to the principal amount owed plus 1% per annum.
Mitigation of Infractions
If you wish to mitigate an infraction, the court sets an "in person hearing" before a judge. You may, however, mitigate by mail by submitting your sworn statement on the form located in the Download section of this page. If you decide to submit your case to the Court by declaration, your presence is not required, but your declaration, and that of your witnesses, must be received prior to the hearing date scheduled. If your declaration has not been received by the date set, the infraction will be deemed to have been committed and will be turned into the Department of Licensing with a $53.00 penalty. The penalty can directly affect your driving privileges and may result in collection proceedings. Use the form for your sworn statement and sworn statements from any witnesses you may have. After the Court has reviewed your statements it will render a decision. If the Court finds mitigating circumstances regarding the infraction, it will impose a reduced penalty.
Contested Infractions
If you wish to contest an infraction, the court sets an "in person hearing" before a judge. If you fail to appear for the hearing the infraction will be deemed to have been committed and turned into the Department of Licensing with a $53.00 penalty. The penalty can directly affect your driving privileges and may result in collection proceedings.
If you decide to contest in person, you and your witnesses MUST personally appear in court at the date set. If, after the hearing, the Court finds you have committed the infraction, you will have a right to appeal both the finding of guilt and the amount of the penalty.
Contact District Court I with questions or comments about the information on this page.
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