Traffic Ticket Process

When a driver receives a traffic ticket in the state of Washington, they have a few choices about how to resolve this dilemma. The driver may simply pay the fine and admit guilt. However, this will go on their driving record and can lead to higher auto insurance rates or harsher penalties such as a license suspension if they are a repeat offender. To mitigate a ticket, the driver will admit guilt but can introduce specific circumstances in the hopes of having the penalty reduced. This is dependent upon the ruling of the judge. A mitigated ticket will still go on a driver’s record since they are essentially guilty.

Driver who want to have their ticket dismissed entirely will contest the ticket. It is possible to contest a ticket by mail, but it is not usually recommended. A defendant can present a stronger case by appearing in person with an attorney. Also, it is easier to appeal the decision of a court case rather than one that was decided by mail.

A hearing to contest a ticket allows the defendant to go to court and ask that the plaintiff (law enforcement) prove their case. Both sides can make motions before the trial even begins relating to such issues as jurisdictions, evidence, and procedure. Sometimes the case will be dismissed based upon legal motions. If the trial proceeds, the plaintiff presents their case through an affidavit by the issuing officer and/or witness testimony. The defendant may cross examine the witnesses and may make a motion to dismiss the case. The judge will either dismiss the case or have the trial continue with the defendant presenting their case. The judge then makes a ruling based upon the testimony and evidence.

In Washington, the prosecution does not have to prove their case “beyond a reasonable doubt,” since traffic infractions are not criminal cases. They only have to prove that the defendant “more likely than not” committed the violation. This is why it is very important for the defendant to be represented by an attorney who is an expert in traffic law.