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The Law Offices of Jason S. Newcombe
Washington State Court Rules:
Infraction Rules for Courts of Limited Jurisdiction.
Outline of Washington State Speeding and Traffic Ticket Court Rules.
Title 1 - General Provisions1.1 Scope and Purpose of Rules
1.2 Definitions
1.3 Local Court Rules
Title 2 - Preliminary Proceedings
2.1 Notice of Infraction
2.2 Initiation of Infraction Cases
2.3 Venue
2.4 Response to Notice
2.5 Failure To Respond
2.6 Scheduling of Hearings
Title 3 - Procedure at Hearings
3.1 Contested Hearings--Preliminary Proceedings
3.2 Failure To Appear
3.3 Procedure at Contested Hearing
3.4 Hearing on Mitigating Circumstances
3.5 Decision on Written Statements (Local Option)
Title 4 - Disposition Procedures
4.1 Notification to Department of Licensing of Traffic Infraction
4.2 Failure to Pay or Complete Community Restitution for Traffic Infraction
Title 5 - Appeals
5.1 What Orders May Be Appealed
5.2 Appeal to Superior Court
Title 6 - Miscellaneous Provisions
6.1 Time
6.2 Monetary Penalty Schedule for Traffic Infractions (in PDF format)
6.3 Title and Citation of Rules
6.4 Effective Date
6.5 Rules Superseded
6.6 Speed Measuring Device: Design and Construction Certification
6.7 Relief From Judgment
IRLJ RULE 1.1
SCOPE AND PURPOSE OF RULES
(a) Scope of Rules. These rules govern the procedure in courts of
limited jurisdiction for all cases involving "infractions". Infractions are
noncriminal violations of law defined by statute.
(b) Purpose. These rules shall be construed to secure the just, speedy,
and inexpensive determination of every infraction case.
(c) Effect of Other Law. These rules supersede all conflicting rules
and statutes covering procedure for infractions unless a rule indicates a
statute or rule controls. Provisions of statute or rule not inconsistent
with these rules shall remain in effect.
IRLJ Rule 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 the requests of 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.
[Adopted effective September 1, 1992; amended effective June 2, 1998;
amended effective January 3, 2006.]
IRLJ Rule 1.3
LOCAL COURT RULES
(a) Adoption. Each court may adopt special infraction rules not
inconsistent with these general rules.
(b) Format. The numbering system and format of local rules shall
conform to these rules.
(c) Filing. Local rules become effective only after they are filed with
the Administrator for the Courts in accordance with GR 7.
IRLJ Rule 2.1
NOTICE OF INFRACTION
(a) Traffic Infraction Form Prescribed by the Administrative Office of
the Courts. Traffic infraction cases shall be filed on a form
entitled "Notice of Traffic 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. Traffic infraction forms prescribed 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. The notice of infraction shall contain the following
information on the copy given to the defendant, except the
information required by subsections (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 15 days of issuance;
(6) A space for entry of the monetary penalty which respondent may
pay in lieu of appearing in court;
(7) A statement that a mailed response must be mailed not later
than midnight on the day the response is due;
(8) The statements required by RCW 46.63.060 or other applicable
statute; and
(9) Any additional information determined necessary by the
Administrator for the Courts.
[Adopted effective September 1, 1992; amended effective June 2, 1998;
January 3, 2006; November 21, 2006.]
IRLJ Rule 2.2
INITIATION OF INFRACTION CASES
(a) Generally. An infraction case is initiated by the
issuance, service, and filing of a notice of infraction in
accordance with this rule. An infraction is issued on the date
the infraction is signed by the citing officer or prosecuting authority.
(b) Who May Issue. A notice of infraction may be issued, upon
certification that the issuer has probable cause to believe, and
does believe, that a person has committed an infraction contrary to law:
(1) By a citing officer. The infraction need not have been
committed in the officers presence, except as provided by statute;
(2) By the prosecuting authority.
(c) Service of Notice. A notice of infraction may be served either by:
(1) The citing officer serving the notice of infraction on
the person named in the notice of infraction at the time of issuance;
(2) The citing officer affixing to a vehicle in a conspicuous
place the notice of a traffic infraction if it alleges the
violation of a parking, standing, or stopping statute; or
(3) The citing officer or the prosecuting authority filing
the notice of infraction with the court, in which case the court
shall have the notice served either personally or by mail,
postage prepaid, on the person named in the notice of infraction
at his or her address. If a notice of infraction served by mail
is returned to the court as undeliverable, the court shall issue a summons.
(d) Filing of Notice. When a notice of infraction has been
issued, the notice shall be filed with a court having
jurisdiction over the infraction or with a violations bureau
subject to such courts supervision. The notice must be filed
within five days of issuance of the notice, excluding Saturdays,
Sundays, and holidays. In the absence of good cause shown, a
notice of infraction not filed within the time limits of this
section shall, upon motion, be dismissed with prejudice.
[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, 1999;
amended effective January 3, 2006.]
IRLJ Rule 2.3
VENUE
Except as otherwise specifically provided by statute, an infraction
case shall be brought in the district court district or the municipality
where the infraction occurred. If a notice of infraction is filed in a
court which is not the proper venue, the notice shall be dismissed without
prejudice on motion of either party.
IRLJ Rule 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 of the date
the notice is personally served or, if the notice is served by
mail, within 18 days 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) 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 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.
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 September 1, 1992; amended effective January 3, 2006.]
IRLJ Rule 2.5
FAILURE TO RESPOND
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 defendants failure to respond
in accordance with RCW 46.20.270.
[Adopted effective September 1, 1992.]
IRLJ Rule 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, unless
otherwise agreed by the defendant in writing.
(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 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 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 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, the
defendant's privilege to operate a motor vehicle may be suspended.
(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 3.5. The requirements of GR 30.5 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) 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(d).
(e) 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.
(f) Dismissal With Prejudice. An infraction not brought to
hearing within the time period provided by this rule shall, upon
motion, be dismissed with prejudice.
(g) 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;
amended effective January 3, 2006.]
IRLJ Rule 3.1
CONTESTED HEARINGS--PRELIMINARY PROCEEDINGS
(a) Subpoena. The defendant and the plaintiff may subpoena
witnesses necessary for the presentation of their respective cases.
Witness' should be served at least 7 days before the hearing. The
subpoena may be issued by a judge, court commissioner, or clerk of the
court or by a party's lawyer. If a party's lawyer issues a subpoena, a
copy shall be filed with the court and with the office of the
prosecuting authority assigned to the court in which the infraction is
filed on the same day it is sent out for service. A request that an
officer appear at a contested hearing pursuant to rule 3.3(c) shall be
filed on a separate pleading. A subpoena may be directed for service
within their jurisdiction to the sheriff of any county or any peace
officer of any municipality in the state in which the witness may be
or it may be served as provided in CR 45(c), or it may be served by
first-class mail, postage prepaid, sent to the witnesses' last known
address. Service by mail shall be deemed complete upon the third day
following the day upon which the subpoena was placed in the mail. If
the subpoena is for a witness outside the county, a judge must approve
of the subpoena.
(b) Discovery. Upon written demand of the defendant at least 14
days before a contested hearing, filed with the court and served on
the office of the prosecuting authority assigned to the court in which
the infraction is filed, the plaintiff's lawyer shall at least 7 days
before the hearing provide the defendant or the defendant's lawyer
with a copy of the citing officer's sworn statement and with the names
of any witnesses not identified in the citing officer's sworn
statement. If the prosecuting authority provides the citing officer's
sworn statement less than 7 days before the hearing but not later than
one day before the hearing, the citing officer's sworn statement shall
be suppressed only upon a showing of prejudice in the presentation of
the defendant's case. If the prosecuting authority, without
reasonable excuse or justification, fails to provide the citing
officer's sworn statement, the statement shall be suppressed. No other
discovery shall be required. Neither party is precluded from
investigating the case, and neither party shall impede another party's
investigation. A request for discovery pursuant to this section shall
be filed on a separate pleading.
(c) Amendment of Notice. The court may permit a notice of
infraction to be amended at any time before judgment if no additional
or different infraction is charged, and if substantial rights of the
defendant are not thereby prejudiced. A continuance shall be granted
if the defendant satisfies the court that the additional time is
needed to defend against the amended notice of infraction.
(d) Sufficiency. No notice of infraction shall be deemed
insufficient for failure to contain a definite statement of the
essential facts constituting the specific infraction which the
defendant is alleged to have committed, nor by reason of defects or
imperfections which do not tend to prejudice substantial rights of the defendant.
Adopted as JTIR effective January 1, 1981. Changed from JTIR to IRLJ
effective September 1, 1992; amended effective January 2, 1997;
amended effective January 3, 2006; January 2, 2007.]
IRLJ Rule 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. 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).
IRLJ Rule 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.
(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. 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.
The court has continuing jurisdiction and authority to supervise
disposition for not more than 1 year.
[Adopted as JTIR effective January 1, 1981; amended effective
March 20, 1981. Changed from JTIR to IRLJ effective September 1, 1992;
amended effective September 1, 1997; amended effective
January 3, 2006.]
IRLJ Rule 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. 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.
The court has continuing jurisdiction and authority to supervise
disposition for not more than 1 year.
[Adopted effective September 1, 1992; amended effective January 3, 2006.]
IRLJ Rule 3.5
DECISION ON WRITTEN STATEMENTS
(Local Option)
(a) Contested Hearings. The court shall examine the citing
officer's report and any statement submitted by the defendant.
The examination shall take place within 120 days after the
defendant filed the response to the notice of infraction. The
examination may be held in chambers and shall not be governed by
the Rules of Evidence.
(1) Factual Determination. The court shall determine whether
the plaintiff has proved by a preponderance of all evidence
submitted that the defendant has committed the infraction.
(2) Disposition. If the court determines that the infraction
has been committed, it may assess a penalty in accordance with rule 3.3.
(3) Notice to Parties. The court shall notify the parties in
writing whether an infraction was found to have been committed
and what penalty, if any, was imposed.
(4) No Appeal Permitted. There shall be no appeal from a
decision on written statements.
(b) Mitigation Hearings. Mitigation hearings based upon
written statements may be held in chambers.
[Adopted as JTIR effective January 1, 1981. Changed from JTIR to
IRLJ effective September 1, 1992; amended effective September 1, 1997;
amended effective January 3, 2006.]
IRLJ Rule 4.1
NOTIFICATION TO DEPARTMENT OF LICENSING
OF TRAFFIC INFRACTION
(a) Generally. Upon entry of judgment that a traffic infraction
was committed the court shall forward to the Department of Licensing a
copy of the notice of traffic infraction and an abstract of the courts
order. Courts may forward case disposition information to the
Department of Licensing via electronic means according to procedures
established by the Department and the Administrator for the Courts.
(b) Parking, Standing, Stopping, or Pedestrian Infractions. The
court shall not notify the Department of a parking, standing,
stopping, or pedestrian infraction, except as allowed by RCW 46.20.270(3).
(c) Notice to Department When Failure To Appear Set Aside. If a
judgment for a failure to appear in a traffic infraction case has been
set aside, the Department shall be notified that it has been set aside
and of the final disposition of the infraction upon entry of judgment.
[Adopted effective September 1, 1992; November 21, 2006.]
IRLJ Rule 4.2
FAILURE TO PAY OR COMPLETE COMMUNITY RESTITUTION
FOR 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 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 September 1, 1992; amended effective January 3, 2006.]
IRLJ Rule 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.
IRLJ Rule 5.2
APPEAL TO SUPERIOR COURT
An appeal from a court of limited jurisdiction is governed by the Rules
for Appeal of Decisions of Courts of Limited Jurisdiction. Under RALJ 1.1
the appeal from some courts is an appeal for error on the record, and the
appeal from other courts is conducted as a trial de novo. The procedures
for an appeal for error on the record are defined by RALJ. The procedures
for a trial de novo are defined by CRLJ 73 and 75.
IRLJ Rule 6.1
TIME
Time shall be computed or enlarged as provided in CRLJ 6, except that
the time in which to respond to the notice of infraction under rule 2.4 and
the time in which to file an appeal may not be enlarged.
IRLJ Rule 6.2
MONETARY PENALTIES
Link to Washington State Traffic Ticket Monetary Penalties
IRLJ Rule 6.3
TITLE AND CITATION OF RULES
These rules may be known and cited as Infraction Rules for Courts of
Limited Jurisdiction. IRLJ is the official abbreviation.
IRLJ Rule 6.4
EFFECTIVE DATE
These rules shall apply to all infraction cases in which the infraction
occurred on or after September 1, 1992.
IRLJ Rule 6.5
RULES SUPERSEDED
The Justice Court Traffic Infraction Rules originally effective January
1, 1981, are superseded by these rules, except that the Justice Court
Traffic Infraction Rules shall be applicable to any traffic offense
occurring before September 1, 1992.
IRLJ Rule 6.6
SPEED MEASURING DEVICE: DESIGN AND CONSTRUCTION
CERTIFICATION
(a) In General. This rule applies only to contested hearings
in traffic infraction cases.
(b) Speed Measuring Device Certificate; Form. In the absence
of proof of a request on a separate pleading to produce an
electronic or laser speed measuring device (SMD) expert served on
the prosecuting authority and filed with the clerk of the court
at least 30 days prior to trial or such lesser time as the court
deems proper, a certificate in substantially the following form
is admissible in lieu of an expert witness in any court
proceeding in which the design and construction of an electronic
or laser speed measuring device (SMD) is an issue:
CERTIFICATION CONCERNING DESIGN AND CONSTRUCTION
OF ELECTRONIC SPEED MEASURING DEVICES OR LASER
SPEED MEASURING DEVICES
I, ____________________ do certify under penalty of perjury as follows:
I am employed with _______________ as a _______________. I
have been employed in such a capacity for _______________ years.
Part of my duties include supervising the maintenance and repair
of all electronic and laser speed measuring devices (SMD's) used
by _______________ (name of agency).
This agency currently uses the following SMD's:
(List all SMD's used and their manufacturers and identify which
SMDs use laser technology.)
I have the following qualifications with respect to the above stated SMD's:
(List all degrees held and any special schooling regarding the
SMD's listed above.)
This agency maintains manuals for all of the above stated
SMD's. I am personally familiar with those manuals and how each
of the SMD's are designed and operated. On __________ (date)
testing of the SMD's was performed under my direction. The units
were evaluated to meet or exceed existing performance standards.
This agency maintains a testing and certification program. This
program requires:
(State the program in detail.)
Based upon my education, training, and experience and my
knowledge of the SMD's listed above, it is my opinion that each
of these electronic pieces of equipment is so designed and
constructed as to accurately employ the Doppler effect in such a
manner that it will give accurate measurements of the speed of
motor vehicles when properly calibrated and operated by a trained
operator or, in the case of the laser SMDs, each of these pieces
of equipment is so designed and constructed as to accurately
employ measurement techniques based on the velocity of light in
such a manner that it will give accurate measurements of the
speed of motor vehicles when properly calibrated and operated by
a trained operator.
___________________________________
(Signature)
Dated: ____________________________
(c) Continuance. The court at the time of the formal hearing
shall hear testimony concerning the infraction and, if necessary,
may continue the proceedings for the purpose of obtaining
evidence concerning an electronic speed measuring device and the
certification thereof. If, at the time it is supplied, the
evidence is insufficient, a motion to suppress the readings of
such device shall be granted.
(d) Maintaining Certificates as Public Records. Any
certificate, affidavit or foundational evidentiary document
allowed or required by this rule can be filed with the court and
maintained by the court as a public record. The records will be
available for inspection by the public. Copies will be provided
on request. The court may charge any allowable copying fees.
The records are available without a formal request for discovery.
The court is entitled to take judicial notice of the fact that
the document has been filed with the court. Evidence will not be
suppressed merely because there is not a representative of the
prosecuting authority present who actually offers the document.
Evidence shall be suppressed pursuant to subsection (c) of this
rule if the evidence in the certificate, affidavit or document is
insufficient, or if it has not been filed as required.
[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; amended effective
October 31, 2000; amended effective January 3, 2006.]
IRLJ Rule 6.7
IDENTITY CHALLENGES AND RELIEF FROM JUDGMENT
(a) Relief from Judgment. A motion to waive or suspend a fine,
or to convert a penalty to community restitution, or to vacate a
judgment is governed by CRLJ 60(b).
(b) Identity Challenge.
(1) Right Granted. In addition to the rights granted defendants
pursuant to rule 6.7(a), a defendant may move to vacate a
judgment that was entered after a failure to respond to a notice
of infraction on the basis that he or she was mistakenly
identified as the person who allegedly committed the infraction.
(2) Identity Affidavit. A defendant moving to vacate a judgment
for mistaken identification shall file an affidavit or
certification under RCW 9A.72.085 with the court in which the
infraction was found committed and with the office of the
prosecuting authority assigned to the court stating that he or
she could not be the person identified by the citing officer as
having committed the infraction, citing a factual basis for the
assertion and stating that he or she was not served with the
notice of infraction.
(3) Adjudication Pending Hearing. The court may, at its
discretion, set aside the default judgment pending the hearing.
(4) Scheduling of Hearings. An identification hearing shall be
scheduled for not less than 14 days and not more than 120 days
from the date an identity affidavit is filed unless otherwise
agreed by the defendant. The court shall send the defendant
written notice of the time, place and date of the hearing within
28 days of the receipt of the request for hearing.
(5) Hearing Procedure. The court may require the presence of the
defendant at the scheduled hearing. At the hearing,
identification may be established by methods other than direct
identification in court.
(6) Disposition. If the court determines that the named
defendant was the person identified by the citing officer as the
person who committed the infraction or was served with the notice
of infraction, the infraction shall remain committed or be re-
adjudicated as committed.
[Adopted effective September 1, 1994; amended effective January 3, 2006;
amended effective February 2, 2006.]