THE SUPREME COURT OF WASHINGTON

IN THE MATTER OF THE SUGGESTED

AMENDMENTS TO IRLJ 1.2, IRLJ 2.1, IRLJ 2.4,

IRLJ 2.5, IRLJ 2.6, IRLJ 3.2, IRLJ 3.3, IRLJ 3.4, IRLJ

5.1, SUGGESTED NEW IRLJ 3.5, AND THE

SUGGESTED REPEAL OF IRLJ 4.2

____________________________________________

)

O R D E R

NO. 25700-A-1419

The Northwest Justice Project, having recommended the suggested amendments to IRLJ

1.2, IRLJ 2.1, IRLJ 2.4, IRLJ 2.5, IRLJ 2.6, IRLJ 3.2, IRLJ 3.3, IRLJ 3.4, IRLJ 5.1, suggested

new IRLJ 3.5, and the suggested repeal of IRLJ 4.2, and the Court having approved the

suggested amendments for publication on an expedited basis;

Now, therefore, it is hereby

ORDERED:

(a) That pursuant to the provisions of GR 9(g), the suggested amendments as attached

hereto are to be published expeditiously for comment in the Washington Reports, Washington

Register, Washington State Bar Association and Administrative Office of the Court's websites.

(b) The purpose statement as required by GR 9(e), is published solely for the

information of the Bench, Bar and other interested parties.

(c) Comments are to be submitted to the Clerk of the Supreme Court by either U.S.

Mail or Internet E-Mail by no later than August 31, 2022. Comments may be sent to the

following addresses: P.O. Box 40929, Olympia, Washington 98504-0929, or

Page 2

ORDER

IN THE MATTER OF THE SUGGESTED AMENDMENTS TO IRLJ 1.2, IRLJ 2.1, IRLJ 2.4,

IRLJ 2.5, IRLJ 2.6, IRLJ 3.2, IRLJ 3.3, IRLJ 3.4, IRLJ 5.1, SUGGESTED NEW IRLJ 3.5, AND

THE SUGGESTED REPEAL OF IRLJ 4.2

[email protected]. Comments submitted by e-mail message must be limited to 1500

words.

DATED at Olympia, Washington this 31st day of March, 2022.

For the Court

GR 9 COVER SHEET

Suggested Amendments, New Section, and Repealed Section to

Infraction Rules for Courts of Limited Jurisdiction

IRLJ 1.2, IRLJ 2.1, IRLJ 2.4, IRLJ 2.5, IRLJ 2.6, IRLJ 3.2, IRLJ 3.3, IRLJ 3.5, IRLJ 5.1, New IRLJ 3.5, Repeal IRLJ

4.2, Amend Notice of Infraction Form, New Draft Petition: Traffic Infraction Payment Plans, New Draft

Order: Traffic Infraction Payment Plans

A. Name of Proponent:

ACLU of Washington, Columbia Legal Services, Northwest Justice Project, Public Defender Association,

Washington Defender Association, Washington Driver’s Relicensing Task Force

B. Spokesperson:

Karen Campbell

Staff Attorney, Northwest Justice Project

[email protected]

2822 Colby Avenue, Ste. 400

Everett, WA. 98201

425-252-8515 (office)

C. Purpose:

The proposed suggested amendments to the Infraction Rules of Limited Jurisdiction and proposed forms

are necessary due to passage of ESSB 5226 (2021) and to institutionalize more effective and equitable

procedures in courts of limited jurisdiction for traffic infractions. Specific proposed amendments, new

sections, and corresponding amendments and new forms include:

• IRLJ 1.2 DEFINITIONS

• IRLJ 2.1 NOTICE OF INFRACTION

• IRLJ 2.4 RESPONSE TO NOTICE

• IRLJ 2.5 FAILURE TO RESPOND

• IRLJ 2.6 SCHEDULING OF HEARINGS

• IRLJ 3.2 FAILURE TO APPEAL

• IRLJ 3.3 PROCEDURE AT CONTESTED HEARING

• IRLJ 3.4 HEARING ON MITIGATING CIRCUMSTANCES

• Proposed New IRLJ 3.5 ABILITY TO PAY

• IRLJ 3.5 LOCAL RULE OPTIONS (amended and renumbered to IRLJ 3.6)

• Repeal – IRLJ 4.2 FAILURE TO PAY OR COMPLETE COMMUNITY RESTITUTION TRAFFIC

INFRACTION

• IRLJ 5.1 WHAT ORDERS MAY BE APPEALED

• Proposed Amended Form – NOTICE OF INFRACTION

• Proposed New Form – PETITION RE: TRAFFIC INFRACTION PAYMENT PLAN

• Proposed New Form – ORDER RE: TRAFFIC INFRACTION PAYMENT PLAN

ESSB 5226, which passed in the 2021 legislative session, removes the penalty of driver’s license

suspension for failing to pay a ticket for a non-criminal traffic infraction. It also requires the court to

enter into a payment plan when a person requests to do so and does not have the ability to pay the

ticket. However, drivers are still punished with a license suspension if they fail to respond entirely or pay

an installment of their payment plan and then fail to appear at a subsequent court hearing for the

infraction.

1

On June 2, 2021, the Thurston County Superior Court entered an order in a lawsuit relevant to these

court rules, Pierce et al. v. DOL.

2

The order required DOL to stop suspending driver’s licenses for failure

to pay or failure to appear for non-criminal moving violations, until the effective date of ESSB 5226, and

requiring DOL to report back about the implementation of the new ability-to-pay determination system

before the injunction expires.

ESSB 5226 goes into effect on January 1, 2023, at which point DOL will be allowed to suspend driver’s

licenses again. The suggested amendments to IRLJ and the new forms and amended form aim to create

uniform, consistent and fairer practices for traffic infractions. Sections of ESSB 5226 authorize court

rules to adjudicate these cases, including but not limited to:

Sec. 3 (6) – Whenever a monetary penalty, fee, cost, assessment, or other monetary obligation

is imposed by a court under this chapter, it is immediately payable and is enforceable as a civil

judgment under Title 6 RCW. If the court determines that a person is not able to pay a monetary

obligation in full the court shall enter into a payment plan with the person in accordance with

section 4 of this act and standards that may be set out in court rule.

Sec. 4 (9) - For the purposes of this section, "payment plan" means a plan that requires

reasonable payments based on the financial ability of the person to pay as determined by court

rule.

D. Hearing:

A hearing is not requested.

E. Expedited Consideration:

Expedited consideration is requested and is necessary to ensure no drivers face inequitable penalties

after the effective date of ESSB 5226. As ESSB 5226 goes into effect on January 1, 2023, we request that

the proposed changes be implemented before January 1, 2023.

F. Supporting Materials:

ESSB 5226 – Session Law - https://lawfilesext.leg.wa.gov/biennium/2021-

22/Pdf/Bills/Session%20Laws/Senate/5226-S.SL.pdf?q=20220201125323

Thurston County Superior Court – Pierce et al. v. DOL – October 12, 2021 - First Amended Stipulated

Order Enjoining Defendants from Suspending Certain Drivers Licenses and Requiring Recission of Certain

Drivers Licenses Suspensions - https://www.aclu-wa.org/docs/first-amended-stipulated-order

1

ESSB 5226, https://app.leg.wa.gov/billsummary?BillNumber=5226&Initiative=false&Year=2021

2

Pierce et al. v. DOL - https://www.aclu-wa.org/file/105111/download?token=VGPrtKdT

DRAFT PROPOSED AMENDMENTS TO INFRACTION RULES FOR

COURTS OF LIMITED JURISDICTION – ONLY RULES BEING

AMENDED ARE LISTED BELOW

IRLJ 1.2 DEFINITIONS

For the purposes of these rules:

(a)

Infraction Case. "Infraction case" means a civil proceeding initiated in a court of

limited jurisdiction pursuant to a statute that authorizes offenses to be punished as

infractions.

(b)

Notice of Infraction. "Notice of infraction" means a document initiating an

infraction case when issued and filed pursuant to statute and these rules.

(c)

Defendant. "Defendant" means a person cited for an infraction, a registered owner of

a vehicle cited for a parking infraction, or the person who responds to the parking infraction or

requests a hearing.

(d)

Court. "Court" means a court of limited jurisdiction organized pursuant

to RCW Title 3, RCW Title 35, or RCW Title 35A.

(e)

Judgment. "Judgment" means any final decision in an infraction case, including,

but not limited to, a finding entered after a hearing governed by these rules or after payment

of a monetary penalty in lieu of a hearing.

(f)

Plaintiff. "Plaintiff" means the governmental unit issuing the notice of

infraction, including, but not limited to, the state, a county, or a municipality.

(g)

Department. "Department" means the Washington State Department of Licensing.

(h)

Lawyer. "Lawyer" means any person authorized by Supreme Court rule to practice

law.

(i)

Statute. "Statute" means any state statute, local or county ordinance, resolution,

or regulation, or agency regulation.

(j)

Citing Officer. "Citing officer" means a law enforcement officer or other

official authorized by law to issue a notice of infraction.

(k)

Prosecuting Authority. "Prosecuting authority" includes prosecuting attorneys, city

attorneys, corporation counsel, and their deputies and assistants, or such other persons as may

be designated by statute.

(l)

Judge. "Judge" means any judge of any court of limited jurisdiction and shall

include every judicial officer authorized to preside over infraction cases.

(m)

Community Restitution. “Community restitution” means compulsory

service, without compensation, performed for the benefit of the community by the

defendant.

(n) Payment Plan. “Payment plan” means a plan that requires payments based on the

financial ability of the person to pay as determined by GR 34.

[Adopted effective September 1, 1992; Amended effective June 2, 1998; January 3, 2006.]

IRLJ 2.1 NOTICE OF INFRACTION

(a)

Infraction Form Prescribed or Approved by the Administrative Office of the

Courts. Infraction cases shall be filed on a form entitled "Notice of Infraction" prescribed by

the Administrative Office of the Courts; except that the form used to file cases alleging the

commission of a parking, standing or stopping infraction shall be approved by the

Administrative Office of the Courts. Notice of Infraction forms prescribed or approved by the

Administrative Office of the Courts are presumed valid and shall not be deemed insufficient by

reason of defects or imperfections which do not prejudice substantial rights of the defendant.

(b)

Contents. Subject to IRLJ 3.1(d), the notice of infraction shall contain the

following information on the copy given to the defendant, except the information required

by subsection (2) is not required on a notice of infraction alleging the commission of a

parking, standing, or stopping infraction:

(1)

The name, address, and phone number of the court where the notice of infraction is

to be filed;

(2)

The name, address, date of birth, sex, physical characteristics, and, for a notice of

traffic infraction, the operator's license number of the defendant;

(3)

For a notice of traffic infraction, the vehicle make, year, model, style, license

number, and state in which licensed;

(4)

The infraction which the defendant is alleged to have committed and the

accompanying statutory citation or ordinance number, the date, time, and place the infraction

occurred, the date the notice of infraction was issued, and the name and, if applicable, the

number of the citing officer;

(5)

A statement that the defendant must respond to the notice of infraction within

fifteen (15) days of the date the notice is personally served or, if the notice is served by

mail, within eighteen (18) days of the date the notice is mailed;

(6) For a notice of traffic infraction, a statement that the defendant must respond within

thirty (30) days of the date the notice is personally served or, if the notice is served by mail,

within thirty-three (33) days of the date the notice is mailed;

6 (7) A space for entry of the monetary penalty which respondent may pay in lieu of

appearing in court;

7 (8) A statement that a mailed response must be mailed not later than midnight on the day

the response is due;

(9) For a notice of traffic infraction, a statement allowing a person to admit responsibility

for the infraction and attest that the person does not have the current ability to pay the infraction

in full.

(10) For a notice of traffic infraction, a statement that the person understands that the court

will mail information to the person explaining how to request a payment plan and that failure to

pay or enter into a payment plan may result in a collection action, including garnishment of

wages or other assets. A provision stating that this option only applies if the person is cited

with a traffic infraction.

8 (11) The statements required by RCW 46.63.060 or other applicable statute; and

9 (12) Any additional information determined necessary by the Administrative Office of the

Courts.

[Adopted effective January 1, 1981; Amended effective June 2, 1998; January 3, 2006;

November 21, 2006; May 6, 2008; September 1, 2010; July 24, 2012.]

IRLJ 2.4 RESPONSE TO NOTICE

(a)

Generally. A person who has been served with a notice of infraction must respond

to the notice within 15 days, 30 days for a notice of traffic infraction, of the date the notice is

personally served or, if the notice is served by mail, within 18 days, 33 for a notice of traffic

infraction, of the date the notice is mailed.

(b)

Alternatives. A person may respond to a notice of infraction by:

(1)

Paying the amount of the monetary penalty in accordance with applicable law, in

which case the court shall enter a judgment that the defendant has committed the infraction;

(2)

Contesting the determination that an infraction occurred by requesting a hearing

in accordance with applicable law;

(3)

Requesting a hearing to explain mitigating circumstances surrounding the

commission of the infraction in accordance with applicable law; or

(4) For a notice of traffic infraction, admitting responsibility for the traffic infraction and

attesting that the person does not have the current ability to pay the infraction in full; or

4 (5) Submitting a written statement either contesting the infraction or explaining mitigating

circumstances, if this alternative is authorized by local court rule. The statement shall contain the

person's promise to pay the monetary penalty authorized by law if the infraction is found to be

committed. For a notice of traffic infraction, the statement shall also include an alternative

allowing the person to attest that they do not have the current ability to pay the infraction in full.

If the person attests that they do not have the current ability to pay the infraction in full, the court

must give the person information on how to request financial relief from the fine(s) as provided

in IRLJ 2.6(d).

For contested hearing, the statement shall be executed in substantially the following

form:

I hereby state as follows:

I promise that if it is determined that I committed the infraction for which I was cited, I

will pay the monetary penalty authorized by law and assessed by the court.

I certify (or declare) under penalty of perjury under the laws of the State of Washington

that the foregoing is true and correct.

[Date and Place] [Signature]

(I understand that if this form is submitted by e-mail, my typed name on the signature line will

qualify as my signature for purposes of the above certification.)

For mitigation hearings, the statement shall be executed in substantially the following

form:

I hereby state as follows:

I promise to pay the monetary penalty authorized by law or, at the discretion of the

court, any reduced penalty that may be set. For a notice of traffic infraction, the statement shall

also include an alternative allowing the person to attest that they do not have the current ability

to pay the infraction in full. If the person attests that they do not have the current ability to pay

the infraction in full, the court must give the person information on how to request financial

relief as provided in IRLJ 2.6(d).

I certify (or declare) under penalty of perjury under the laws of the State of Washington

that the foregoing is true and correct.

[Date and Place] [Signature]

(I understand that if this form is submitted by e-mail, my typed name on the signature line will

qualify as my signature for purposes of the above certification.)

(c)

Method of Response. A person may respond to a notice of infraction either

personally, or if allowed by local rule by mail or by e-mail. If the response is mailed or e-

mailed, it must be postmarked or e-mailed not later than midnight of the day the response is

due.

[Adopted effective January 1, 1981; Amended effective September 1, 1992; January 3, 2006.]

IRLJ 2.5 FAILURE TO RESPOND

(a) Notice of Infraction. If the defendant fails to respond to a notice of infraction, the

court shall enter an order finding that the defendant has committed the infraction, shall assess

any monetary penalties provided for by law and, in the case of a traffic infraction, shall notify the

Department of the defendant’s failure to respond in accordance with RCW 46.20.270.

(b) Notice of Traffic Infraction. If the defendant fails to respond to a notice of

infraction, the court shall enter an order and Notice of Default finding that the defendant has

committed the infraction and is in default. The order shall provide notice that unless the

defendant appears or responds within thirty (30) days, the court will enter an Order and

Judgement finding that the infraction was committed. The order shall clearly explain how a

defendant may appear or respond so that they may come into compliance. The order shall state

that upon finding that the infraction was committed, the defendant will be required to pay

$10.00 a month until the total judgment and fines have been paid. The order shall state that the

defendant is permitted to make higher payments if they wish. The order shall clearly show an

itemized assessment explaining the total amount owed to date, a breakdown of the amount

owed, and a description or reason for each amount. The order shall explain that the collection

of the amount may be transferred to a third party collection agency who may also asses fees

against the defendant, and that upon the defendant’s request, those agencies must provide a

written, dated, itemized statement to the defendant showing how those fees are assessed. The

order shall also explain that, after a finding that the traffic infraction was committed, shall

notify the Department of the defendant’s failure to respond in accordance with RCW 46.20.270.

[Adopted effective September 1, 1992; Amended effective December 8, 2015.]

IRLJ 2.6 SCHEDULING OF HEARINGS

(a) Contested Hearings.

(1) Except as provided in sections (1)(i) and (ii), upon receipt of a response submitted

pursuant to rule 2.4(b)(2), the court shall schedule a hearing to determine whether the defendant

committed the infraction. The hearing shall be scheduled for not less than 14 days from the date

the written notice of hearing is sent by the court, nor more than 120 days from the date of the

notice of infraction or the date a default judgment is set aside.

(i) If authorized by local court rule, a defendant who requests a contested hearing may

first be scheduled for a prehearing conference, which shall be scheduled for not less than 14 days

from the date the written notice of the hearing is sent by the court nor more than 45 days from

the date of the notice of infraction or the date a default judgment is set aside.

(ii) The prehearing conference may be waived by the defendant in writing if the waiver is

received by the court before the time set for the prehearing conference. If the prehearing

conference is waived, the case will be set for contested hearing. The contested hearing shall be

scheduled for not more than 90 days from the date of the prehearing conference or, if the

prehearing conference is waived, from the date the waiver of the prehearing conference is

received by the court.

(2) The court shall send the defendant written notice of the time, place, and date of the

hearing within twenty-one (21) days of the receipt of the request for a hearing. The notice of the

hearing shall also include statements advising the defendant of the defendant's rights at the

hearing, how the defendant may request that witnesses be subpoenaed, and that failure to appear

may be a crime for which the defendant may be arrested, and, in a traffic infraction case, the

defendant’s privilege to operate a motor vehicle may be suspended if the person was cited with a

moving violation. The notice must also state, in a traffic infraction case, how a defendant may

request waiver or remission of the fine(s) assessed, a payment plan, or other monetary relief

authorized under IRLJ 3.5 if they do not prevail. If a local rule is adopted implementing sections

(a)(1)(i) and (ii), the court shall advise the defendant in the notice of the defendant’s right to

waive the prehearing conference.

(3)

The court may schedule the hearing on a contested infraction for the same time as

the hearing on another infraction alleged to have been committed by the defendant. The court

may schedule the hearing on a contested infraction for the same time as the trial on a

misdemeanor arising out of the same occurrence as the infraction.

(4) The infraction may be dismissed upon a showing of prejudice if the court does not

send a defendant written notice of a hearing within twenty-one (21) days of receipt of the request

for a hearing.

(b) Mitigation Hearings.

(1) Upon receipt of a response submitted pursuant to rule 2.4(b)(3) the court shall

schedule a hearing to determine whether there were mitigating circumstances surrounding the

commission of the infraction. The hearing shall be scheduled for not less than 14 days from the

date the written notice of hearing is sent by the court, nor more than 120 days from the date of

the notice of infraction or the date a default judgment is set aside, unless otherwise agreed by the

defendant in writing.

(2) The court shall send the defendant written notice of the time, place, and date of the

hearing within 21 days of the request for a hearing. The notice shall also include statements

advising the defendant of the defendant's rights at the hearing and stating that failure to appear

may be a crime for which the defendant may be arrested, and, in a traffic infraction case, that the

defendant's privilege to operate a motor vehicle may be suspended if cited with a moving

violation. The notice shall also include, in a traffic infraction case, information about how the

defendant may request waiver, remission, of the fine(s) assessed, or a payment plan, authorized

under IRLJ 3.5, if they do not prevail.

(3) The court may schedule the mitigation hearing for the same time as the mitigation

hearing on another infraction alleged to have been committed by the defendant.

(c) Decisions on Written Statements. If the court has adopted a local rule authorizing

decisions on written statements submitted by mail, or e-mail, it shall, upon receipt of a statement

pursuant to rule 2.4(b)(4), consider the case in accordance with rule 3.56. The requirements of

GR 30(d) are not applicable to e-mail statements submitted pursuant to rule 2.4(b)(4). The court

is not required to notify the parties of a date for the examination of the statements.

(d) Inability to Pay

(1) Within twenty-one (21) days of receiving a response submitted pursuant to IRLJ

2.4(b)(4), the court shall send the defendant a Petition and Order for a traffic infraction payment

plan, as required in IRLJ 3.5(a), with written instructions on how to complete these forms and

request a payment plan, in addition to a phone number the defendant can call for information.

The court shall also make available on its website and at the court house the written instructions

and forms.

(2) The judicial officer may schedule the Petition for a hearing or consider the Petition ex

parte without a hearing no sooner than five (5) business days from the filing of the Petition.

(3) The infraction shall be dismissed if the court does not follow the procedures outlined

in subsection (1) of this section within twenty-one (21) days of the receipt of the notice of

inability to pay.

(de) Objection to Hearing Date. A defendant who objects to the hearing date set by the

court upon the ground that it is not within the time limits prescribed by this rule shall file with

the court and serve upon the prosecuting authority a written motion for a speedy hearing date

within 10 days after the notice of hearing is mailed or otherwise given to the defendant. Failure

of a party, for any reason, to make such a motion shall be a waiver of the objection that a hearing

commenced on such a date is not within the time limits prescribed by this rule. The written

notice of the hearing date shall contain a copy of IRLJ 2.6(de).

(ef) Time for Hearing; Effect of Delay or Continuances. A motion for dismissal for the

failure to hold a hearing within the time period provided by this rule shall not be granted if the

failure to hold the hearing was attributable to the defendant or the defendant’s counsel.

(fg) Dismissal With Prejudice. An infraction not brought to hearing within the time

period provided by this rule shall, upon motion, be dismissed with prejudice.

(gh) Change of Judge. The provisions of CRLJ 40(f) apply.

[Adopted as JTIR effective January 1, 1981; Amended effective September 1, 1989. Changed

from JTIR to IRLJ effective September 1, 1992; Amended effective September 1, 1997;

September 1, 1998; January 3, 2006; April 30, 2013.]

IRLJ 3.2 FAILURE TO APPEAR

(a) Entry of Judgment. If the defendant fails to appear at a requested hearing the court

shall enter judgment against the defendant finding that the defendant has committed the

infraction and assessing against the defendant any monetary penalties provided by law.

In a traffic infraction case, the court shall follow the procedures contained in IRLJ 2.5(b).

A judgment upon a failure to appear shall not be entered if it appears to the court from the

papers on file that the infraction case was brought in an improper court.

(b) Setting Aside Judgment Upon Failure To Appear. For good cause shown and upon

terms the court deems just, the court may set aside a judgment entered upon a failure to

appear in accordance with CRLJ 60(b).

[Adopted effective January 1, 1981; Amended effective September 1, 1992.]

IRLJ 3.3 PROCEDURE AT CONTESTED HEARING

(a) Generally. The court shall conduct the hearing for contesting the notice of infraction on the

record in accordance with applicable law.

(b) Representation by Lawyer. At a contested hearing, the plaintiff shall be represented by a

lawyer representative of the prosecuting authority when prescribed by local court rule. The

defendant may be represented by a lawyer. If the defendant is represented by a lawyer and the

lawyer has filed a notice of appearance, including a waiver of the defendant’s presence, the

defendant need not personally appear at the contested hearing unless the defendant’s presence is

otherwise required by statute or the court rules.

(c) Rules of Evidence. The Rules of Evidence and statutes that relate to evidence in infraction

cases shall apply to contested hearings. The court may consider the notice of infraction and any

other written report made under oath submitted by the officer who issued the notice or whose

written statement was the basis for the issuance of the notice in lieu of the officer's personal

appearance at the hearing, unless the defendant has caused the officer to be served with a

subpoena to appear in accordance with instructions from the court issued pursuant to rule

2.6(a)(2).

(d) Factual Determination. The court shall determine whether the plaintiff has proved by a

preponderance of the evidence that the defendant committed the infraction. If the court finds the

infraction was committed, it shall enter an appropriate order on its records. If the court finds the

infraction was not committed, it shall enter an order dismissing the case.

(e) Disposition. If the court determines that the infraction has been committed, it may assess a

monetary penalty against the defendant and, in a traffic infraction case, only after determining

the defendant’s ability to pay in accordance with IRLJ 3.5. The monetary penalty assessed may

not exceed the monetary penalty provided for the infraction by law. The court may waive or

suspend a portion of the monetary penalty, or provide for time payments, or in lieu of monetary

payment provide for the performance of community restitution as provided by law and, in a

traffic infraction case, in accordance with the procedures set forth in IRLJ 3.5. The court has

continuing jurisdiction and authority to supervise disposition for not more than one (1) year. A

defendant may request relief in accordance with IRLJ 3.5 at any time.

[Adopted as JTIR effective January 1, 1981; Amended effective March 20, 1981. Changed from

JTIR to IRLJ effective September 1, 1992; September 1, 1997; January 3, 2006; September 1,

2018.]

IRLJ 3.4 HEARING ON MITIGATING CIRCUMSTANCES

(a) Generally. The court shall conduct the hearing concerning mitigating circumstances in

accordance with applicable law.

(b) Procedure at Hearing. The court shall hold an informal hearing which shall not be governed

by the Rules of Evidence. Subject to the other provisions of these rules, all relevant evidence is

admissible which, in the opinion of the judge, is the best evidence reasonably obtainable, having

due regard for its necessity, availability and trustworthiness. The plaintiff and the defendant may

each be represented by a lawyer. The defendant may present witnesses, but they may not be

compelled to attend.

(c) Disposition. The court shall determine whether the defendants explanation of the events

justifies reduction of the monetary penalty. The court shall enter an order finding the defendant

committed the infraction and may assess a monetary penalty and, in a traffic infraction case, only

after determining the defendant’s ability to pay in accordance with IRLJ 3.5. The court may not

impose a penalty in excess of the monetary penalty provided for the infraction by law. The court

may waive or suspend a portion of the monetary penalty, or provide for time payments, or in lieu

of monetary payment provide for the performance of community restitution as provided by law

and, in a traffic infraction case, in accordance with the procedures set forth in IRLJ 3.5. The

court has continuing jurisdiction and authority to supervise disposition for not more than one (1)

year. A defendant may request relief in accordance with IRLJ 3.5 at any time.

[Adopted effective January 1, 1981; Amended effective September 1, 1992; January 3, 2006.]

RULE 3.5 INABILITY TO PAY (New Rule)

(a) Generally. Before imposing any monetary penalty, fee, cost, assessment or other

monetary obligation associated with a traffic infraction in full, the court must conduct an

ability to pay determination pursuant to GR34(3)-(4) utilizing pattern forms (Petition and

Order) developed by the Administrative Office of the Courts and approved by the

Supreme Court.

(b) Disposition. If the court finds that the person is unable to pay the monetary obligation in

full, the court may waive or remit these obligations unless the specific monetary

obligation is prohibited from being waived or remitted by state law. The court may also

grant a payment plan or community restitution according to the procedures set forth

below. If the court finds that the person is indigent, as defined in GR 34(a)(3)-(4), and

decides to grant a payment plan, the court shall set payments at or below $10.00 a month

unless the defendant requests higher monthly payments

(c) Procedure. A person may request a payment plan or other monetary relief from any

penalty, fee costs, assessment or other monetary obligation associated with a traffic

infraction at any time. The court may also modify a payment plan at any time including if

a legal proceeding, such as garnishment, has commenced to collect any delinquent

amount owed by the person for any penalty imposed by the court.

(1) Mandatory Payment Plan. If the person does not have the ability to pay the

monetary obligation in full, the person has not previously been granted a payment

plan for the same monetary obligation, and the court has not authorized its collections

agency to take civil legal enforcement action, the court shall enter into a payment

plan with the individual.

(2) Discretionary Payment Plan. Where the court has authorized its collections agency

to take civil legal enforcement action, the court may, at its discretion, enter into a

payment plan.

(3) Community Restitution. If a court authorized community restitution program for

offenders is available in the jurisdiction, the court may allow conversion of all or part

of the monetary obligations due to court authorized community restitution in lieu of

time payments if the person is unable to make reasonable time payments.

(d) Voluntary Payments. The person may voluntarily pay an amount at any time in

addition to the payments required under the payment plan.

(e) Civil Enforcement. If a payment required to be made under the payment plan is

delinquent or the person fails to complete a community restitution program on or before

the time established under the payment plan, unless the court determines good cause

therefor and adjusts the payment plan or the community restitution plan accordingly the

court may refer the unpaid monetary penalty, fee, costs, assessment, or other monetary

obligation for civil enforcement until all monetary obligations have been paid and court

authorized community restitution has been completed, or until the court has entered into a

new payment plan or community restitution agreement with the person.

(1) If a person has not entered into a payment plan with the court and has not paid the

monetary obligation in full, no sooner than 90 days from the date of the infraction the

court may refer the unpaid monetary penalty, fee, cost, assessment, or other monetary

obligation to a collections agency until all monetary obligations have been paid or

until the person has entered into a new payment plan.

(2) If a person responded to a traffic infraction for a moving violation attesting that the

person did not have the ability to pay the infraction in full, the court must attempt to

enter into a payment plan with the person prior to referring the monetary obligation to

a collections agency.

(f) Hearings. The court may require a person who fails to make payments as required under

a payment plan to appear and provide evidence of ability to pay. A request for a hearing

or ex parte relief may also be made by a person in support of a petition for a payment

plan, modification of a payment plan, or other monetary remedies available under this

rule. If a petition for a payment plan or other monetary relief is set for hearing, the court

in its discretion may permit a telephonic or video conference appearance by the defendant

subject to local court rule and/or local policies.

IRLJ 3.56 LOCAL RULE OPTIONS

(a) Decisions on Written Statements.

(1) Contested Hearing Procedures. The court shall examine the citing officer's report and any

statement or documents submitted by the defendant. The examination may be held in chambers

and shall take place within one hundred and twenty (120) days after the defendant filed the

response to the notice of infraction. The court shall determine whether the plaintiff has proved by

a preponderance of the evidence submitted whether the infraction was committed.

(2) Mitigation Hearing Procedures. A mitigation hearing based on a written statement may be

held in chambers and shall take place within 120 days after the defendant filed the response to

the notice of infraction.

(3) Notice to Defendant. The court shall notify the defendant in writing of its decision, including

any penalty imposed.

(4) No Appeal Permitted. There shall be no appeal from a decision on written statements except

that denial of monetary relief, requested pursuant to IRLJ 3.5, may be appealed.

(b)Telephonic or Video Conference Mitigation Hearings.

(1) Local Rule Permitted. A court may adopt a local rule permitting defendants to appear at a

mitigation hearing by telephone or video conference in lieu of an in-person appearance; such

proceedings are open to the public.

(2) Requirements. Such local rule shall comply with the requirements that the hearings shall be

conducted on the record and the defendant be advised that the hearing is being audio recorded,

and the court shall advise the defendant in writing of its decision and any penalty imposed.

[Adopted as JTIR effective January 1, 1981. Changed from JTIR to IRLJ effective September 1,

1992; Amended effective September 1, 1997; January 3, 2006; September 1, 2017.]

IRLJ 4.2 FAILURE TO PAY OR COMPLETE COMMUNITY RESTITUTIONFOR TRAFFIC

INFRACTION

(a) Failure To Pay or Complete Community Restitution. Unless the traffic infraction is a

parking, standing, stopping, or pedestrian infraction, the court shall notify the Department within

ten 10 days:

(1) If the defendant fails to pay the monetary penalty assessed after a hearing to contest

the traffic infraction or a hearing to explain mitigating circumstances, or after a decision on

written statements, if authorized by local court rule, or

(2) If the defendant fails to meet a time payment authorized by the court or fails to

complete community restitution approved by the court.

(b) Notice to Department. The notice to the Department shall be in the form prescribed by the

Department.

(c) Removal of the Failure To Pay or Complete Community Restitution. When the

defendant has paid all monetary penalties owing, including completion of community restitution,

the court shall notify the Department within 10 days of payment or of completion of community

restitution on a form prescribed by the Department.

[Adopted effective January 1, 1981;Amended effective September 1, 1992;January 3, 2006.]

IRLJ 5.1 WHAT ORDERS MAY BE APPEALED

A defendant may appeal a judgment entered after a contested hearing finding that the defendant

has committed the infraction. The plaintiff may appeal a decision, which in effect abates,

discontinues, or determines the case other than by a judgment that the defendant has not

committed an infraction. No other orders or judgments are appealable by either party except that

the defendant may appeal a decision to deny relief under IRLJ 3.5. A decision for relief pursuant

to IRLJ 3.5 is a final decision.

[Adopted effective January 1, 1981; Amended September 1, 1992.]

INFRACTION CITATION - PART 1 - FACE

INFRACTION

TRAFFIC

NON-TRAFFIC

PARKING

I

IN THE DISTRICT

STATE OF WASHINGTON

COUNTY OF

CITY/TOWN OF

MUNICIPAL COURT OF

, WASHINGTON

, PLAINTIFF VS. NAMED DEFENDANT

L.E.A. ORI #: COURT ORI #:

THE UNDERSIGNED CERTIFIES AND SAYS THAT IN THE STATE OF WASHINGTON

DRIVER’S LICENSE

NO.

STATE

EXPIRES

PHOTO I.D.

YES

MATCHED

NO

NAME:

LAST

FIRST

MIDDLE

CDL/CLP

YES

NO

ADDRESS

IF NEW ADDRESS

PASSENGER

CITY STATE ZIP CODE

EMPLOYER LOCATION

DATE OF BIRTH

RACE

SEX

HEIGHT

WEIGHT

EYES

HAIR

RESIDENTIAL PHONE NO.

( )

CELL/PAGER NO.

( )

WORK PHONE NO.

( )

VIOLATION DATE MONTH DAY YEAR TIME

ON OR ABOUT 24 HOUR

INTERPRETER NEEDED

LANG:

AT LOCATION M.P. CITY/COUNTY OF

DID OPERATE/PARK THE FOLLOWING VEHICLE ON A PUBLIC HIGHWAY/PROPERTY AND

VEHICLE LICENSE NO.

STATE

EXPIRES

VEH. YR.

MAKE

MODEL

STYLE

COLOR

TRAILER #1 LICENSE NO.

STATE

EXPIRES

TR. YR.

TRAILER #2 LICENSE NO.

STATE

EXPIRES

TR. YR.

OWNER/COMPANY IF OTHER THAN DRIVER

ADDRESS

CITY

STATE

ZIP CODE

ACCIDENT

NO NR R I F

CMV YES

NO

16 + YES

PASS NO

HAZMAT YES

NO

EXEMPT FIRE

VEHICLE LEA

DID THEN AND THERE COMMIT EACH OF THE FOLLOWING OFFENSES

#1 VIOLATION/STATUTE CODE

VEHICLE SPEED

IN A

ZONE

SMD

PACE

AIRCRAFT

#2 VIOLATION/STATUTE CODE

#3 VIOLATION/STATUTE CODE

PENALTY

U.S. $

DATE ISSUED

Served on Violator

Sent to Court for Mailing

Referred to Prosecutor

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON

THAT I HAVE ISSUED THIS ON THE DATE AND AT THE LOCATION ABOVE, AND I HAVE PROBABLE

CAUSE TO BELIEVE THE ABOVE DESCRIBED PERSON/VEHICLE COMMITTED THE ABOVE OFFENSE(S).

OFFICER #

WASHINGTON UNIFORM COURT DOCKET - COURT COPY

November 2015

RELATED #

I

ABSTRACT OF JUDGMENT

INFRACTION

INF

RESPONSE

DISPOSITION

PENALTY

SUSPENDED

SUB-TOTAL

FNDG/JDGT

DATE

1

C

NC

C NC D P DF

$

ABSTRACT MLD

TO OLYMPIA

2

C

NC

C NC D P DF

$

3

C

NC

C NC D P DF

$

TOTAL

COSTS $

INFRACTION CITATION - PART 2 - FACE

INFRACTION

TRAFFIC

NON-TRAFFIC

PARKING

I

IN THE DISTRICT

STATE OF WASHINGTON

COUNTY OF

CITY/TOWN OF

MUNICIPAL COURT OF

, WASHINGTON

, PLAINTIFF VS. NAMED DEFENDANT

L.E.A. ORI #: COURT ORI #:

THE UNDERSIGNED CERTIFIES AND SAYS THAT IN THE STATE OF WASHINGTON

DRIVER’S LICENSE

NO. STATE EXPIRES PHOTO I.D.

YES

MATCHED

NO

NAME:

LAST

FIRST

MIDDLE

CDL/CLP

YES

NO

ADDRESS

IF NEW ADDRESS

PASSENGER

CITY STATE ZIP CODE

EMPLOYER LOCATION

DATE OF BIRTH

RACE

SEX

HEIGHT

WEIGHT

EYES

HAIR

RESIDENTIAL PHONE NO.

( )

CELL/PAGER NO.

( )

WORK PHONE NO.

( )

VIOLATION DATE MONTH DAY YEAR TIME

ON OR ABOUT 24 HOUR

INTERPRETER NEEDED

LANG:

AT LOCATION M.P. CITY/COUNTY OF

DID OPERATE/PARK THE FOLLOWING VEHICLE ON A PUBLIC HIGHWAY/PROPERTY AND

VEHICLE LICENSE NO.

STATE

EXPIRES

VEH. YR.

MAKE

MODEL

STYLE

COLOR

TRAILER #1 LICENSE NO.

STATE

EXPIRES

TR. YR.

TRAILER #2 LICENSE NO.

STATE

EXPIRES

TR. YR.

OWNER/COMPANY IF OTHER THAN DRIVER

ADDRESS

CITY

STATE

ZIP CODE

ACCIDENT

NO NR R I F

CMV YES

NO

16 + YES

PASS NO

HAZMAT YES

NO

EXEMPT FIRE

VEHICLE LEA

DID THEN AND THERE COMMIT EACH OF THE FOLLOWING OFFENSES

#1 VIOLATION/STATUTE CODE

VEHICLE SPEED

IN A

ZONE

SMD

PACE

AIRCRAFT

#2 VIOLATION/STATUTE CODE

#3 VIOLATION/STATUTE CODE

PENALTY

U.S. $

DATE ISSUED

Served on Violator

Sent to Court for Mailing

Referred to Prosecutor

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON

THAT I HAVE ISSUED THIS ON THE DATE AND AT THE LOCATION ABOVE, AND I HAVE PROBABLE

CAUSE TO BELIEVE THE ABOVE DESCRIBED PERSON/VEHICLE COMMITTED THE ABOVE OFFENSE(S).

OFFICER #

WASHINGTON UNIFORM COURT DOCKET - DOL COPY

November 2015

RELATED #

I

ABSTRACT OF JUDGMENT

INFRACTION

INF

RESPONSE

DISPOSITION

PENALTY

SUSPENDED

SUB-TOTAL

FNDG/JDGT

DATE

1

C

NC

C NC D P DF

$

ABSTRACT MLD

TO OLYMPIA

2

C

NC

C NC D P DF

$

3

C

NC

C NC D P DF

$

TOTAL

COSTS $

INFRACTION CITATION - PART 3 - FACE

INFRACTION

TRAFFIC

NON-TRAFFIC

PARKING

I

IN THE DISTRICT

STATE OF WASHINGTON

COUNTY OF

CITY/TOWN OF

MUNICIPAL COURT OF

, WASHINGTON

, PLAINTIFF VS. NAMED DEFENDANT

L.E.A. ORI #: COURT ORI #:

THE UNDERSIGNED CERTIFIES AND SAYS THAT IN THE STATE OF WASHINGTON

DRIVER’S LICENSE

NO. STATE EXPIRES

PHOTO I.D.

YES

MATCHED

NO

NAME:

LAST

FIRST

MIDDLE

CDL/CLP

YES

NO

ADDRESS

IF NEW ADDRESS

PASSENGER

CITY STATE ZIP CODE

EMPLOYER LOCATION

DATE OF BIRTH

RACE

SEX

HEIGHT

WEIGHT

EYES

HAIR

RESIDENTIAL PHONE NO.

( )

CELL/PAGER NO.

( )

WORK PHONE NO.

( )

VIOLATION DATE MONTH DAY YEAR TIME

ON OR ABOUT 24 HOUR

INTERPRETER NEEDED

LANG:

AT LOCATION M.P. CITY/COUNTY OF

DID OPERATE/PARK THE FOLLOWING VEHICLE ON A PUBLIC HIGHWAY/PROPERTY AND

VEHICLE LICENSE NO.

STATE

EXPIRES

VEH. YR.

MAKE

MODEL

STYLE

COLOR

TRAILER #1 LICENSE NO.

STATE

EXPIRES

TR. YR.

TRAILER #2 LICENSE NO.

STATE

EXPIRES

TR. YR.

OWNER/COMPANY IF OTHER THAN DRIVER

ADDRESS

CITY

STATE

ZIP CODE

ACCIDENT

NO NR R I F

CMV YES

NO

16 + YES

PASS NO

HAZMAT YES

NO

EXEMPT FIRE

VEHICLE LEA

DID THEN AND THERE COMMIT EACH OF THE FOLLOWING OFFENSES

#1 VIOLATION/STATUTE CODE

VEHICLE SPEED

IN A

ZONE

SMD

PACE

AIRCRAFT

#2 VIOLATION/STATUTE CODE

#3 VIOLATION/STATUTE CODE

PENALTY

U.S. $

DATE ISSUED

Served on Violator

Sent to Court for Mailing

Referred to Prosecutor

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON

THAT I HAVE ISSUED THIS ON THE DATE AND AT THE LOCATION ABOVE, AND I HAVE PROBABLE

CAUSE TO BELIEVE THE ABOVE DESCRIBED PERSON/VEHICLE COMMITTED THE ABOVE OFFENSE(S).

OFFICER #

YOU MUST RESPOND TO THE COURT BELOW ACCORDING TO THE

INSTRUCTIONS ON THE REVERSE SIDE OF THIS NOTICE

WASHINGTON UNIFORM COURT DOCKET - DEFENDANT COPY

November 2015

RELATED #

I

INFRACTION CITATION - PART 4 - FACE

INFRACTION

TRAFFIC

NON-TRAFFIC

PARKING

I

IN THE DISTRICT

STATE OF WASHINGTON

COUNTY OF

CITY/TOWN OF

MUNICIPAL COURT OF

, WASHINGTON

, PLAINTIFF VS. NAMED DEFENDANT

L.E.A. ORI #: COURT ORI #:

THE UNDERSIGNED CERTIFIES AND SAYS THAT IN THE STATE OF WASHINGTON

DRIVER’S LICENSE

NO.

STATE

EXPIRES

PHOTO I.D.

YES

MATCHED

NO

NAME:

LAST

FIRST

MIDDLE

CDL/CLP

YES

NO

ADDRESS

IF NEW ADDRESS

PASSENGER

CITY STATE ZIP CODE

EMPLOYER LOCATION

DATE OF BIRTH

RACE

SEX

HEIGHT

WEIGHT

EYES

HAIR

RESIDENTIAL

PHONE NO.

( )

CELL/PAGER NO

.

( )

WORK PHONE NO.

( )

VIOLATION DATE MONTH DAY YEAR TIME

ON OR ABOUT 24 HOUR

INTERPRETER NEEDED

LANG:

AT LOCATION

M

.

P

.

CITY/COUNTY OF

DID OPERATE/PARK THE FOLLOWING VEHICLE ON A PUBLIC HIGHWAY/PROPERTY AND

VEHICLE LICENSE NO.

STATE

EXPIRES

VEH. YR.

MAKE

MODEL

STYLE

COLOR

TRAILER #1 LICENSE NO.

STATE

EXPIRES

TR. YR.

TRAILER #2 LICENSE NO.

STATE

EXPIRES

TR. YR.

OWNER/COMPANY IF OTHER THAN DRIVER

ADDRESS

CITY

STATE

ZIP CODE

ACCIDENT

NO NR R I F

CMV YES

NO

16 + YES

PASS NO

HAZMAT YES

NO

EXEMPT FIRE

VEHICLE LEA

DID THEN AND THERE COMMIT EACH OF THE FOLLOWING OFFENSES

#1 VIOLATION/STATUTE CODE

VEHICLE SPEED

IN A

ZONE

SMD

PACE

AIRCRAFT

#2 VIOLATION/STATUTE CODE

#3 VIOLATION/STATUTE CODE

PENALTY

U.S. $

DATE ISSUED

Served on Violator

Sent to Court for Mailing

Referred to Prosecutor

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON

THAT I HAVE ISSUED THIS ON THE DATE AND AT THE LOCATION ABOVE, AND I HAVE PROBABLE

CAUSE TO BELIEVE THE ABOVE DESCRIBED PERSON/VEHICLE COMMITTED THE ABOVE OFFENSE(S).

OFFICER #

DO NOT WRITE IN THIS SECTION

WASHINGTON UNIFORM COURT DOCKET - LEA COPY

November 2015

RELATED #

I

INFRACTION CITATION - PART 5 - FACE

INFRACTION

TRAFFIC

NON-TRAFFIC

PARKING

I

IN THE DISTRICT

STATE OF WASHINGTON

COUNTY OF

CITY/TOWN OF

MUNICIPAL COURT OF

, WASHINGTON

, PLAINTIFF VS. NAMED DEFENDANT

L.E.A. ORI #: COURT ORI #:

THE UNDERSIGNED CERTIFIES AND SAYS THAT IN THE STATE OF WASHINGTON

DRIVER’S

LICENSE

NO. STATE EXPIRES PHOTO I.D.

YES

MATCHED

NO

NAME:

LAST

FIRST

MIDDLE

CDL/CLP

YES

NO

ADDRESS

IF NEW ADDRESS

PASSENGER

CITY STATE ZIP CODE

EMPLOYER LOCATION

DATE OF BIRTH

RACE

SEX

HEIGHT

WEIGHT

EYES

HAIR

RESIDENTIAL PHONE NO.

( )

CELL/PAGER NO.

( )

WORK PHONE NO.

( )

VIOLATION DATE MONTH DAY YEAR TIME

ON OR ABOUT 24 HOUR

INTERPRETER NEEDED

LANG:

AT LOCATION M.P. CITY/COUNTY OF

DID OPERATE/PARK THE FOLLOWING VEHICLE ON A PUBLIC HIGHWAY/PROPERTY AND

VEHICLE LICENSE NO. STATE EXPIRES VEH. YR. MAKE MODEL STYLE COLOR

TRAILER #1 LICENSE NO.

STATE

EXPIRES

TR. YR.

TRAILER #2 LICENSE NO.

STATE

EXPIRES

TR. YR.

OWNER/COMPANY IF OTHER THAN DRIVER

ADDRESS

CITY

STATE

ZIP CODE

ACCIDENT

NO NR R I F

CMV YES

NO

16 + YES

PASS NO

HAZMAT YES

NO

EXEMPT FIRE

VEHICLE LEA

DID THEN AND THERE COMMIT EACH OF THE FOLLOWING OFFENSES

#1 VIOLATION/STATUTE CODE

VEHICLE SPEED

IN A

ZONE

SMD

PACE

AIRCRAFT

#2 VIOLATION/STATUTE CODE

#3 VIOLATION/STATUTE CODE

PENALTY

U.S. $

RELATED # DATE ISSUED

Served on Violator

Sent to Court for Mailing

Referred to Prosecutor

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE

OF WASHINGTON

THAT I HAVE ISSUED THIS ON THE DATE AND AT THE LOCATION ABOVE, AND I HAVE PROBABLE

CAUSE TO BELIEVE THE ABOVE DESCRIBED PERSON/VEHICLE COMMITTED THE ABOVE OFFENSE(S).

OFFICER #

OFFICER REMARKS

WASHINGTON UNIFORM OFFICERS REPORT - COPY

November 2015

INFRACTION CITATION - PART 1 - BACK

OFFICER REPORT

TRAFFIC

LT MED HV

CL

WEATHER

RN FG

SN

D

STREET

W I

S

D

LIGHT

DWN DSK

DK

Officer’s Report for Citation #

The information contained on this citation is incorporated by reference into this report.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT

ALL STATEMENTS MADE HEREIN ARE TRUE AND ACCURATE

Signature #

Date and Place

WITNESS NAME (LAST, FIRST, M.I.)

PHONE

ADDRESS

CITY STATE ZIP

WITNESS NAME (LAST, FIRST, M.I.)

PHONE

ADDRESS

CITY STATE ZIP

INCIDENT NUMBER

RELATED CITATION/INFRACTION NUMBERS

APPROVING OFFICER/NO.

My mailing address is: (PLEASE PRINT)

Name: _____________________________________________________________________

Street or P.O. Box: ____________________________________________ Apt: ___________

City: _________________________ State: ____________________ Zip code: ____________

Telephone: _____________________________ Email: ______________________________

☐ Is interpreter needed? Language: ________________________________________

Here are the three four ways you can respond.

Check one box, then sign and date the bottom of the Notice of Infraction.

☐ I have enclosed a check or money order, in U.S. funds, for the amount listed on the front. I

understand this will go on my driving record if “traffic” is checked on the front. DO NOT SEND CASH.

NSF checks will be treated as a failure to respond.

☐ Mitigation Hearing. I agree I have committed the infraction(s), but I want a hearing to explain the

circumstances. Please send me a court date, and I promise to appear on that date. I know I can ask

witnesses to appear but they are not required to appear. I understand this will go on my driving

record if “traffic” is checked on the front. The court may allow time payments or reduce the penalty

where allowed by law.

☐ Contested Hearing. I want to contest (challenge) this infraction. I did not commit the infraction.

Please send me a court date, and I promise to appear on that date. The state must prove by a

preponderance of the evidence that I committed the infraction. I know I can require (subpoena)

witnesses, including the officer who wrote the ticket, to attend the hearing. The court will tell me

how to request a witness’s appearance. I understand this will go on my driving record if I lose and

“traffic” is checked on the front.

☐ Cannot Afford to Pay. I agree that I have committed the traffic infractions(s), but I do not have the current

ability to pay the infraction(s) in full. I understand that the court will mail me information explaining how I

can request a payment plan. Failure to pay or enter into a payment plan may result in a collection action,

including garnishment of wages or other assets. THIS OPTION ONLY APPLIES IF YOU ARE CITED

WITH A TRAFFIC INFRACTION.

NOTICE: You may be able to enter into a payment plan with the court under RCW 46.63.110.

DRAFT INFRACTION CITATION – PART 3

C

NOTICE OF INFRACTION

This is a non-criminal offense for which you cannot go to jail.

YOU MUST RESPOND WITHIN FIFTEEN (15) DAYS FROM THE DATE ISSUED. IF THIS IS A TRAFFIC

INFRACTION, YOU MUST RESPOND WITHIN THIRTY (30) DAYS FROM THE DATE ISSUED.

Your response must be postmarked by midnight of the day it is due at the court.

To respond, you must check one of the boxes below and return this form to the

court listed on the front. If you do not respond or appear for court hearings:

The court will find that you committed the infraction; your penalty maybe increased; failure to pay

may result in a referral of your case to a collection agency; AND if

TRAFFIC (see front of Notice of Infraction) You may lose your driver’s license/privilege.

NON-TRAFFIC (see front of Notice of Infraction) It is a crime and will be treated accordingly.

PARKING (see front of Notice of Infraction) May result in the refusal of DOL to renew the vehicle registration.

X ____________________________________________________________________________

(SIGNATURE)

Petition re: Traffic Infraction Payment Plan

Page 1 of 3

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____________________ Court of Washington, County/City of ____________

_____________________________________

,

Plaintiff

vs.

_______________________________

______,

Defendant. DOB

PCN/TCN: SID

NO.

Petition re: Traffic Infraction

Payment Plan

(Traffic Infraction)

Clerk’s Action Required.

Petition re: Traffic Infraction Payment Plan

Use this form to request that your traffic infraction(s) fines be waived, reduced, pulled

from collections, converted to community restitution hours, or to modify an existing

payment plan.

The undersigned requests that the court grant an order that will (check the boxes that

apply):

1. Interest

[ ] Waive all unpaid interest on my traffic infraction fines.

2. Traffic Infraction Fines (Check all that apply)

[ ] Remission or Reduction. Waive or reduce all unpaid discretionary traffic

infraction fines. (RCW 46.63.190.)

[ ] Additional Time. Grant me additional time to pay my unpaid traffic

infraction fines. (RCW 46.63.190.)

[ ] Collection. Remove my unpaid traffic fines from collection and waive all

collection fees. (RCW 19.16.500(1)(b).)

[ ] Community Restitution. Convert any unpaid traffic infraction fines to

community service hours through a community restitution program. (RCW

46.63.120, RCW 46.63.110(8)(a).)

3. Declaration

I am the defendant in the above action and declare

: (Check all that apply)

[ ] I do not have the ability to pay because:

Petition re: Traffic Infraction Payment Plan

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_________________________________________________________

[ ] I am receiving one of the following types of public assistance: temporary

assistance for needy families (TANF), aged, blind, or disabled assistance

benefits (ABD), medical care services under RCW 74.09.035, pregnant

women assistance benefits, poverty-related veterans' benefits, food stamps

or food stamp benefits transferred electronically, refugee resettlement

benefits, Medicaid (for example, Apple Health), or supplemental security

income. (GR 34(a)(3)(A).) I am receiving the following forms of public

assistance:

_________________________________________________________

[ ] I am unemployed or have a job but I do not make enough to afford to pay my

traffic infraction fines. Please list your monthly income here, after taxes, the

number of people you support, and your basic living expenses, for example

clothing, food, rent, and any other expenses you might have including other

debt. (GR 34(a)(3)(B)-(C)).

_________________________________________________________

[ ] Other compelling circumstances exist that demonstrate my inability to pay

fees and/or charges. (GR 34(a)(3)(D)). Details:

_________________________________________________________

[ ] I am represented by a Qualified Legal Services Provider. GR 34(a)(4).

[ ] I am homeless. _____ Housing Instability (__ facing eviction; __emergency

shelter; __temporary with family/friends; __outdoors in a tent, or vehicle;

Other______________)

[ ] I am not able to complete community restitution hours because:

_________________________________________________________

Petition re: Traffic Infraction Payment Plan

Page 3 of 3

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_________________________________________________________

[ ] I was not able to make my payments on my traffic infraction debt because:

_________________________________________________________

[ ] I failed to complete community restitution/service because:

________________________________________________________

[ ] My wages and/or bank account is currently being garnished to pay my traffic

infraction debt because:

_________________________________________________________

I request:

[ ] the court rule without a hearing.

[ ] a hearing by [ ] telephone [ ] video conference [ ] in court appearance.

I declare under penalty of perjury under the laws of the state of Washington that the

foregoing is true and correct.

Signed at (city) , (state) on (date) .

______________________________ ______________________________

Signature of Defendant Print Name

______________________________ ______________________________

Dated Defendant’s Attorney, WSBA No.

______________________________

Print Name

Order re: Traffic Infraction Payment Plan

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____________________ Court of Washington, County/City of ______________

_____________________________________

,

Plaintiff.

vs.

____________________________________,

Defendant. DOB

PCN/TCN: SID

NO.

Order re: Traffic Infraction

Payment Plan

Clerk’s Action Required.

Order re: Traffic Infraction Payment Plan

This Court has considered the defendant’s Petition for and Order Granting relief

from traffic infraction fines pursuant to GR 34 and GR 39, the defendant’s

declaration, and any testimony, and has reviewed the relevant court records.

The Court finds:

[ ] The defendant does not have the ability to pay the infraction fines in full because:

[ ] The defendant is receiving one of the following types of public

assistance: temporary assistance for needy families (TANF), aged,

blind, or disabled assistance benefits (ABD), medical care services

under RCW 74.09.035, pregnant women assistance benefits, poverty-

related veterans' benefits, food stamps or food stamp benefits

transferred electronically, refugee resettlement benefits, Medicaid (for

example, Apple Health), or supplemental security income. (GR

34(a)(3)(A)).

[ ] The defendant is receiving an annual income, after taxes, of 125% or less

of the current federally established poverty level. (GR 34(a)(3)(B)).

[ ] The defendant is receiving an annual income, after taxes, of more than

125% of the federally established poverty level but has recurring basic

living expenses rendering the person unable to pay the monetary

obligation in full. (GR 34(a)(3)(C)).

Order re: Traffic Infraction Payment Plan

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[ ] There are other compelling circumstances exist that demonstrate the

defendant’s inability to pay fees and/or charges. (GR 34(a)(3)(D)).

_____________________________________________________

[ ] The defendant is homeless. ___ Housing Instability

(___facing eviction; emergency shelter; ___ temporary with

family/friends; ___ outdoors in a tent, or vehicle; Other ____)

[ ] The defendant is represented by a Qualified Legal Services Provider. GR

34(a)(4).

[ ] Because the defendant has not previously been granted a payment plan

for the same monetary obligation, and the court has not authorized its

collections agency to take civil legal enforcement action, the court shall

grant the request for a payment plan or other relief.

[ ] The defendant [ ] has [ ] has not requested the opportunity for

community restitution.

[ ] The defendant defaulted on a previous payment plan and/or community

restitution. There is [ ] is not [ ] good cause to grant another payment plan

and/or community restitution.

__________________________________________________________

[ ] The defendant’s wages and/or bank account is subject to a garnishment

action but there is [ ] is not [ ] good cause to remove the debt from

collections and to grant another payment plan/community restitution.

__________________________________________________________

[ ] Because the defendant has defaulted on a previous payment plan on this

monetary obligation, or the defendant failed to complete a community

restitution program, the court may enter into a payment plan/community

restitution or other relief.

[ ] Other: _____________________________________________________

__________________________________________________________

Order re: Traffic Infraction Payment Plan

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__________________________________________________________

The Court orders:

[ ] Interest. All interest that has accrued on the unpaid traffic debt is

waived.

[ ] Remission. All discretionary traffic infraction fines, including all costs or

fees attendant to private debt collection efforts are waived. RCW

46.63.110(1)(b). These include fees incurred pursuant to a civil legal

enforcement action. The following mandatory fines shall remain:

__________________________________________________________

[ ] Reduction. All discretionary traffic infractions are reduced as follows:

__________________________________________________________

[ ] Community Restitution. All traffic infraction fines are converted to

community restitution hours through a community restitution

program at the rate of $ per hour for each hour of

community restitution. RCW 46.63.110(8)(a).

[ ] Additional Time. All remaining traffic infraction may be paid according

to the following schedule: RCW 46.63.110(6); RCW 46.63.190.

Next payment due date:

Minimum monthly payment:

Payments shall be made to: ____________________________________

__________________________________________________________

[ ] Collection. The traffic infractions fines are removed from a third-party

collection agency and payments shall now be made to the court or an

account receivable company.

[ ] Other _____________________________________________________

__________________________________________________________

Order re: Traffic Infraction Payment Plan

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__________________________________________________________

Dated:

Judge

Presented by:

_________________________________________

Signature of Defendant/Defendant’s Attorney, WSBA No.

_________________________________________

Print name