Traffic Ticket Options
Posted Friday, October 28, 2016 by Andrew Charles Huff
What is Mitigating a ticket?
When you choose to mitigate a traffic ticket, you are admitting you did it and simply requesting the judge lower your fine. The ticket will then appear on your record. When deciding whether to reduce your fine, the judge will look at your traffic record and the circumstances of this incident. Some infractions such as school zone or construction zone tickets may not be mitigated and your fine cannot be reduced.
Or requesting a Deferral?
RCW 46.63.070 allows one deferral every seven years for a non-moving violation and one deferral is allowed every seven years for a moving violation. This law allows a judge to grant you a deferral but does not require it.
If you comply with the conditions of a 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.
But remember, it’s important to use deferrals very sparingly because the majority of the time, we can keep the ticket off your record without using your deferral. A deferral should only be reserved as a last option.
Check the “Contested Hearing” box
A Contested Hearing is what you want if you wish your ticket to go away. By requesting a Contested Hearing, you are asking the prosecutor to prove their case against you.
At this hearing, I make legal motions prior to the beginning of the case on potentially a number of issues relating to your ticket. Some issues are jurisdictional, procedural or problems with the speed measuring device (radar or laser). If the judge grants my motion, the case would be dismissed. I also can negotiate that your ticket be reduced to a “non-moving” violation that will not appear on your traffic record or be reported to the Department of Licensing.Traffic infractions are decriminalized and are not criminal matters.
