Seattle Driver's Guide - Frequently Asked Questions

Why shouldn't I just pay the fine?

In most states, paying the fine means the ticket will be on your record for the next THREE YEARS. Insurance companies regularly check their customers driving records and can increase insurance premiums if they find a ticket. They may also show up on background checks done by prospective or current employers .

What about Drivers Safety Courses?

In general most Puget Sound courts do not participate in the process where you take a Driver's Safety Course and your ticket is dismissed. A couple municipal courts do have this type of system but generally your record must be pristine. Feel free to call us to see if the court you are in participates in this type of program. Our number is 206-915-0137.

What about a Deferred Finding?

The opportunity for a deferral was created by the legislature and is outlined in RCW 46.63.070. One deferral is allowed every seven years for a non-moving violation and one deferral is allowed every seven years for a moving violation. Please note that this statute allows a judge to grant you a deferral but does not require a judge to grant a deferral. Each judge is allowed to follow their own criteria in offering a deferred finding.

A judge or commissioner MAY allow you to keep the infraction off your traffic record that gets reported to insurers and employers IF: 1) you have a traffic record that the judge feels is deserving of this option (some judges will allow anyone to get a deferral, some judges require that you have NEVER had a traffic infraction - most judges are somewhere in the middle); 2) you pay a fee (generally $125 to $250) to the court to monitor your record; 3) you do not commit another infraction for a set period (usually six months to one year) and 4) you are not a commercial driver. Some judges will also require traffic school.

If you comply with the judge’s conditions of deferral, the traffic infraction will not appear on your record. However, if you get a second infraction within the time period specified, or fail to make your payment, the first infraction will appear on your record and you will have to pay the full fine for the first infraction as well. As stated previously, a person is entitled to only one deferral every seven years. The tricky thing about a deferral is that unless you have a completely clean record, you do not know when entering the court room if a judge will grant one to you. In addition, there are a few judges who refuse to grant a deferral to anyone. Our firm can help, in that we are familiar with area judges and their policies regarding deferral. Our number is 206-915-0137

Does my case go to trial?

In most situations in Washington State your case will go to a contested hearing. These are not criminal proceedings but the contested hearing is similar to a trial in that the prosecutor is required to prove the case against you. It is different because the burden of proof in a contested hearing is much less than a criminal trial. The prosecutor only has to prove that it is "more likely than not" that you committed the infraction. They do not have to prove the case "beyond a reasonable doubt". This generally makes it advisable for a defendant to engage an experienced attorney. The benefit of the contested hearing is that if you are represented by counsel you are not required to appear at most contested hearings. Feel free to give us a call if you have any questions about this process. Our number is 206-915-0137