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1. Can I keep my traffic ticket “off my record”?

If you have received a traffic infraction, you may be eligible for a deferral if you request a mitigation hearing. (It is the court's general policy to deny deferrals where a contested hearing is requested. In those situations, the defendant does not believe they committed the infraction and a hearing is held to determine whether the prosecution can prove they committed the infraction.) By successfully completing a deferral, the Court will not report your ticket to the Department of Licensing (DOL). You may defer only 1 moving 1 one non-moving infraction each 7 years. The administrative fee for a Deferral is $150. You do not need to pay the original amount of your citation if a Deferral is granted.

To be eligible you must meet the following conditions:
You must have a valid license.
You have not received a deferral in the past 7 years, from any court in the State of Washington, moving or non-moving.
You do not possess a commercial driver's license.
Your infraction is not one of the following: Speeding 25 mph over the limit or more, Speeding in a School Zone or Speeding in a Construction Zone.

The only other way to keep a traffic citation off of your record is if it is dismissed in by a Judge at a hearing (either in-person or written).

2. How do I ask the court to defer my infraction?

When initially responding to an infraction you may send a written request for a deferral in to the court with your citation. Alternatively, if you already have a hearing date scheduled, in your written or e-mailed response explaining the circumstances of the infraction you wish mitigated, include a request for a deferral. If you are appearing in person for a mitigation hearing you may also request a deferral at that time. If you are licensed to drive in a state other than Washington, you will be required to provide a certified copy of your driving record from the state where you are licensed.

3. What does it cost to defer my infraction?

The cost to defer a citation is $150. If you are unable to pay in full at the time your deferral is granted you may enter into a payment plan with the court staff. You do not need to pay the amount listed on your citation. The Court uses this fee to check your eligibility for deferral and to monitor your compliance with deferral terms.

4. What if I fail to pay the administrative fee for my deferral?

The Court will end your deferral and will report to the Department of Licensing (DOL) that you committed your traffic violation. In addition, a $52 penalty will be assessed against you, a case FTA ordered and notification sent to DOL to begin processing your driver's license for suspension. There are no exceptions to this policy.

*If you are unable to pay in full at the time your Deferral is granted please contact the court staff for a payment plan at (360) 385-9135 or come in person to the District Court office.

5. What if I commit a new traffic infraction?

The Court will end your deferral and will report to DOL that you committed your traffic infraction. There are no exceptions to this policy.

6. What infractions do not qualify for deferral?

The Court does not allow deferral for these 4 infractions:
- Speeding 25 mph over the limit or more
- Passing a school bus.
- Speeding in a school zone.
- Speeding in a construction zone.
- Any infraction where a fatality occurred.

7. May I have a lawyer at a contested hearing?

You may have a lawyer appear and represent you at your hearing. The lawyer fees would be your responsibility. The court does not appoint lawyers at public expense in infraction cases.

8. Will a traffic infraction appear on my driving record?

When you are found to have committed a traffic infraction, either by paying the penalty, having a hearing to explain the circumstances, or after a contested hearing, State law requires the court to report the conviction to the Department of Licensing (DOL). The traffic infraction will then appear on your driving record, which DOL maintains for 3 years for insurance purposes. If the infraction is dismissed by the court, it will not be reported to DOL and it will not appear on your driving record.

9. What about a "no liability insurance" ticket?

If you receive an infraction for failure to display proof of liability insurance and you were insured at the time of the infraction, you may file proof of your insurance with the court along with a $25 administrative fee, and the infraction will then be dismissed and not go on your driving record. If you have had multiple past insurance infractions, please check with the clerks office to determine the amount of your administrative fee.  If you obtained insurance after you were issued the infraction, you may request a mitigation hearing to explain the circumstances and show your insurance proof to the judge. The judge generally reduces the penalty substantially. However, you must respond as described above within the 15 days required by your notice of infraction.

10. What if I cannot afford to pay the penalty in full?

If you cannot afford to pay your penalty in full please contact the clerks office within 15 days of receiving your citation for a payment plan. You may also request a hearing to go in front of the court. Hearing options are listed on your citation.

11. What happens if I don't respond? I don't appear in court? I don't pay?

Failure to pay or respond to an infraction within 15 days will result in a finding that the infraction was committed and an order that the penalty listed on the infraction is due immediately. If you asked for a court hearing and do not appear at the scheduled hearing, the court will find that the infraction was committed and order the penalty listed on the infraction due immediately. A $52 late penalty is added when no response is made, payment is not made in a timely manner, or a hearing is missed. For traffic infractions, the Department of Licensing is notified of your failure to respond, pay or appear, resulting in suspension of your driver’s license. Delinquent payments may also be assigned to a collection agency with collection costs added.

12. I forgot about my ticket. What do I do now?

Paying the amount due in full, including late penalties and collection costs, will clear the matter with the court. Contact the court to see if your infraction has entered the collections process and what can be done to remedy the situation.

13. Is there a right to appeal?

You may appeal if the court finds you committed the infraction after a contested hearing. A written notice of appeal must be filed with the court within 30 days of the court’s decision against you. You will be responsible for the costs of an appeal, which include a $200 Superior Court filing fee, payable in advance. If you appeal, the Superior Court will review the record that was made at the District Court. The Superior Court will not provide a new trial. Instructions and forms to appeal a case are available from the District Court office.

14. How do I know what court to go to for my traffic ticket?

The court’s name, address and telephone number should be printed on your copy. If you have lost your copy contact the District Court. Most courts now have computer access to an index of cases filed in most limited jurisdiction courts in the state. Even if you go to the wrong court office, court staff should be able, in most cases, to direct you to the correct court.