(1) Any
person who receives a notice of traffic infraction shall respond
to such notice as provided in this section within fifteen days of
the date of the notice.
(2) If the person determined to have committed the
infraction does not contest the determination the person shall
respond by completing the appropriate portion of the notice of
infraction and submitting it, either by mail or in person, to the
court specified on the notice. A check or money order in the
amount of the penalty prescribed for the infraction must be
submitted with the response. When a response which does not
contest the determination is received, an appropriate order shall
be entered in the court's records, and a record of the response
and order shall be furnished to the department in accordance with
RCW 46.20.270.
(3) If the person determined to have committed the
infraction wishes to contest the determination the person shall
respond by completing the portion of the notice of infraction
requesting a hearing and submitting it, either by mail or in
person, to the court specified on the notice. The court shall
notify the person in writing of the time, place, and date of the
hearing, and that date shall not be sooner than seven days from
the date of the notice, except by agreement.
(4) If the person determined to have committed the
infraction does not contest the determination but wishes to
explain mitigating circumstances surrounding the infraction the
person shall respond by completing the portion of the notice of
infraction requesting a hearing for that purpose and submitting
it, either by mail or in person, to the court specified on the
notice. The court shall notify the person in writing of the
time, place, and date of the hearing.
(5)(a) Except as provided in (b) and (c) of this subsection,
in hearings conducted pursuant to subsections (3) and (4) of this
section, the court may defer findings, or in a hearing to explain
mitigating circumstances may defer entry of its order, for up to
one year and impose conditions upon the defendant the court deems
appropriate. Upon deferring findings, the court may assess costs
as the court deems appropriate for administrative processing. If
at the end of the deferral period the defendant has met all
conditions and has not been determined to have committed another
traffic infraction, the court may dismiss the infraction.
(b) A person may not receive more than one deferral within a
seven-year period for traffic infractions for moving violations
and more than one deferral within a seven-year period for traffic
infractions for nonmoving violations.
(c) A person who is the holder of a commercial driver's
license or who was operating a commercial motor vehicle at the
time of the violation may not receive a deferral under this
section.
(6) If any person issued a notice of traffic infraction:
(a) Fails to respond to the notice of traffic infraction as
provided in subsection (2) of this section; or
(b) Fails to appear at a hearing requested pursuant to
subsection (3) or (4) of this section;
the court shall enter an appropriate order assessing the monetary
penalty prescribed for the traffic infraction and any other
penalty authorized by this chapter and shall notify the
department in accordance with RCW 46.20.270, of the failure to
respond to the notice of infraction or to appear at a requested
hearing.
[2006 c 327 § 7; 2004 c 187 § 10; 2000 c 110 § 1; 1993 c 501 § 10; 1984 c 224 § 3; 1982 1st ex.s. c 14 § 3; 1980 c 128 § 2; 1979 ex.s. c 136 § 9.]
NOTES:
Effective date -- 2004 c 187 §§ 1, 5, 7, 8, and 10: See note following RCW 46.20.308.
Severability -- Effective date -- 1984 c 224: See notes following RCW 46.16.216.
Effective date -- Severability -- 1982 1st ex.s. c 14: See notes following RCW 46.63.060.
Effective date -- Severability -- 1980 c 128: See notes following RCW 46.63.060.
Effective date -- Severability -- 1979 ex.s. c 136: See notes following RCW 46.63.010.