WHAT IS AN INFRACTION?
Previously, many traffic and criminal 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’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 drivers license, an additional $52.00 failure to appear penalty and your case referred to a collection agency. You can respond by either mailing the green ticket to the Court or bringing it in person to the clerk’s 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 shown on the front of the ticket. The court accepts personal checks payable to Lynnwood Municipal Court and Visa or Mastercard.
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. You may appear before a magistrate for a hearing in person or you may request a hearing by mail or email. Your hearing will be scheduled for a specific date, if you request a hearing by mail your letter of explanation must be received by the court on or before your hearing date. The Judge, depending on the explanation and your record, may adjust the penalty. If you have not had a citation in the last seven (7) years you may qualify for a deferred sentence, whereby your infraction would be dismissed after one year on the condition you pay $125.00 court costs and have no violations during the deferral time. However, if you do not qualify for a deferred sentence, the Judge will not dismiss your ticket. The Court is required to forward all committed traffic tickets to the Department of Licensing, it will appear on your driving record. The State Legislature does not allow the court to reduce the penalty for “speeding in a school zone” or “speeding in a construction zone”. Mitigation hearings are not an option for those two charges. You must either pay the penalty, request a deferred sentence or contest the matter.
Click here for the Mitigation by Mail form.
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 consider the sworn statement filed by the citing 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. If the infraction is found to have been committed, the full amount of the penalty will be imposed. If it is found not committed, the infraction will be dismissed. In the event you have subpoenaed witnesses you may also be required to pay court costs. A contested infraction hearing is a civil case and the Judge will decide the case on the preponderance of the evidence, that is, is it more likely than not that the infraction was committed. You may not request to have your finding deferred after a contested hearing has been held and the court has found that the infraction was committed.
Click here for the Contested Hearing by Mail form. |
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 qualify for a deferred sentence and comply with all conditions or win at your contested hearing and the infraction is dismissed, it is not reported to the Department of Licensing and will not appear on your driving record.
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 prosecuting attorney prior to the hearing date. A separate hearing is held when lawyers are involved and it is necessary to have sufficient notice for scheduling. If you appear at your hearing with an attorney without giving prior notice of representation, your case will be rescheduled. So to avoid delay and perhaps additional cost to yourself please allow sufficient notice.
WHO QUALIFIES FOR A DEFERRED SENTENCE?A deferred sentence may be an option if the following conditions are met:
- You have had no violations in the last seven (7) years.
- Your infraction was not the result of an accident.
- You are not charged with Negligent 2.
- You were not cited for speeding 16 miles or over the posted speed limit.
- No Insurance charges are not eligible for a deferred sentence
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. Weapons are prohibited. Court proceedings are important and all litigants appreciate the judge giving full attention to their case without interruptions from other people in the courtroom, therefore small children may not be present in the courtroom. The Court does not provide child care. Upon your arrival, find your name on the listing posted outside the courtroom and take a seat in the courtroom. When your name is called, come forward as instructed by the clerk.
WHAT HAPPENS IF I CAN’T APPEAR ON THE COURT DATE
The court gives ample notice for you to make arrangements to appear for your hearing. If you are unable to appear on the date of the hearing the court allows ONE continuance. You must appear at the clerk’s office within five days of the scheduled hearing and sign a waiver of speedy hearing. Failure to follow this procedure will result in the waiver of your right to a hearing, a committed finding entered and a failure to appear penalty assessed. If you have hired a lawyer to represent you at a contested hearing you are still required to appear and failure to do so will result in a committed finding being entered and a failure to appear penalty assessed. |
WHAT IF I DO NOT PAY MY TICKET OR APPEAR FOR A HEARING?
A failure to pay or respond to the ticket within 15 days results in an order that the infraction was committed. If you asked for a hearing and do not appear a penalty will be assessed and a committed finding will be entered. When an infraction is not paid in a timely manner or a hearing is missed, a $52.00 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.
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 $25.00 administrative cost, and the charge will then be dismissed and not go on your driving record. If you obtained insurance within 15 days after you were given the ticket, you may file proof of insurance with the court clerk and pay or make arrangements to pay a penalty of $125.00, is this is your first offense, $225.00 on a second offence, $325.00 on a third offense, $425.00 on a fourth offense, and $525.00 on a fifth offense. If you do not obtain insurance within 15 days of the citation you may pay or make arrangements to pay the full penalty of $550.00. You must respond within 15 days to avoid the $52.00 fail to respond penalty, DOL suspension of your privilege to drive and collection fees. The $550 penalty is mandatory (may not be reduced) except for those who had insurance on the date of the violation or who obtain insurance and file proof with the court. There is no point in requesting a mitigation hearing unless you have insurance.
IS THERE A RIGHT TO APPEAL?
If you do not win at a contested hearing you have the right to appeal to the Superior Court of Snohomish County. The notice of appeal must be filed within 30 days of the judgment at this court. There will be various appeal costs, payable at this court upon filing the notice of appeal including a $110.00 Superior Court filing fee and a $40.00 processing fee If you appeal the superior court will review the record that was made at the municipal court, but there will not be a new trial. The Clerk’s office will provide you with forms and information about the appellate process. Remember our clerical staff is not allowed to give legal advice and if you have questions about appeals you should consult legal counsel.
WHAT IF I CAN’T PAY MY PENALTY ALL AT ONCE?
The court expects you to pay your fine on the day of your hearing. Visa and Mastercards are accepted. If you can’t 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. |