Washington Code 46.63.060 – Notice of traffic infraction — Determination final unless contested
Current as of: 2023 | Check for updates
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(1) A notice of traffic infraction represents a determination that an infraction has been committed. The determination will be final unless contested as provided in this chapter.
Terms Used In Washington Code 46.63.060
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Subpoena: A command to a witness to appear and give testimony.
(2) The form for the notice of traffic infraction shall be prescribed by rule of the supreme court and shall include the following:
(a) A statement that the notice represents a determination that a traffic infraction has been committed by the person named in the notice and that the determination shall be final unless contested as provided in this chapter;
(b) A statement that a traffic infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction; that the penalty for a traffic infraction related to standing, stopping, or parking may include nonrenewal of the vehicle registration;
(c) A statement of the specific traffic infraction for which the notice was issued;
(d) A statement of the monetary penalty established for the traffic infraction;
(e)(i) A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options;
(ii) One of the options must allow 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. The person must receive information on how to submit evidence of inability to pay, obtain a payment plan pursuant to RCW 46.63.190, and be informed that failure to pay or enter into a payment plan may result in collection action, including garnishment of wages or other assets;
(f) A statement that at any hearing to contest the determination the state has the burden of proving, by a preponderance of the evidence, that the infraction was committed; and that the person may subpoena witnesses including the officer who issued the notice of infraction;
(g) A statement that at any hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the infraction the person will be deemed to have committed the infraction and may not subpoena witnesses; and
(h) A statement that the person must respond to the notice as provided in this chapter within 30 days or the person’s driver’s license or driving privilege may be suspended by the department until any penalties imposed pursuant to this chapter have been satisfied; and
(i) A statement that failure to appear at a hearing requested for the purpose of contesting the determination or for the purpose of explaining mitigating circumstances may result in the suspension of the person’s driver’s license or driving privilege, or in the case of a standing, stopping, or parking violation, refusal of the department to renew the vehicle registration, until any penalties imposed pursuant to this chapter have been satisfied.
[ 2021 c 240 § 1; 2013 c 170 § 1; 2011 c 233 § 1; 2006 c 270 § 2; 1993 c 501 § 9; 1984 c 224 § 2; 1982 1st ex.s. c 14 § 2; 1980 c 128 § 1; 1979 ex.s. c 136 § 8.]
NOTES:
Effective date—2021 c 240: “This act takes effect January 1, 2023.” [ 2021 c 240 § 16.]
Severability—Effective date—1984 c 224: See notes following RCW 46.16A.120.
Effective date—1982 1st ex.s. c 14: “This act shall take effect on July 1, 1984, and shall apply to violations of traffic laws committed on or after July 1, 1984.” [ 1982 1st ex.s. c 14 § 7.]
Severability—1982 1st ex.s. c 14: “If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.” [ 1982 1st ex.s. c 14 § 6.]
Effective date—1980 c 128: “Sections 1 through 8 and 10 through 16 of this act shall take effect on January 1, 1981, and shall apply to violations of the traffic laws committed on or after January 1, 1981. Section 9 of this act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.” [ 1980 c 128 § 18.]
Severability—1980 c 128: “If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.” [ 1980 c 128 § 17.]
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.