Legal Question in Traffic Law in Washington

Deferral on Speeding Violation

I understand that most Washington traffic courts allow a ''deferral'' on traffic violations, meaning that if you admit guilt to the infraction, they will let the infraction slide if you don't get another ticket within the year. In order to do that, do I have to request a ''Mitigation Hearing'' admitting the infraction or do I have to request a ''Contested Hearing'', or does it matter?


Asked on 5/27/04, 2:18 am

1 Answer from Attorneys

Jeffrey A. Lustick, Esq The Lustick Law Firm

Re: Deferral on Speeding Violation

If you want to get your traffic ticket deferred and you qualify, it's usually best to ask for option 3 on the citation form, a contested infraction hearing. That way if it turns out that you do not qualify for a deferred or the judge refuses to grant it for some reason, you can still fight the ticket.

By the way, under Washington law, you can defer only one moving and one non-moving infraction every seven years. Most courts will also require the payment of court costs at the time a petition for deferred traffic citation is granted, so you may need to bring enough money to court to pay for the deferred on the spot.

I recommend that you telephone the court clerk's office and ask for further information. Specifically, you need to ask if there's a way to (1) get the deferred without actually appearing in court, or (2) if you need to appear, which forum is best for them, mitigation or contested, and (3) what the costs of a deferred are and whether they require cash payment or will accept a time pay plan. Some courts also have this information posted on their websites.

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Answered on 5/27/04, 9:07 am


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