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Infraction Procedures

Being accused of an infraction can be an upsetting experience. We hope this will be helpful in guiding you through the infraction process and take some of the mystery out of the procedures. If after reading the following information you still have question please don't hesitate to contact the Medical Lake Municipal Court Clerk.

FREQUENTLY ASKED QUESTIONS ABOUT INFRACTIONS

WHAT IS AN INFRACTION?
Previously, many traffic and criminal charges were crimes. The Legislature has decriminalized many traffic, parks, wildlife and fisheries offenses. These offenses are now called infractions and are civil cases.

WHAT MUST I DO IF I RECEIVE AN INFRACTION?
Start by reading the entire back side of your notice of infraction (ticket). If you follow the instructions you can't go wrong! you should note that you must respond within fifteen (15) days of the date that the ticket was issued. An infraction is not a crime, but failure to respond can result in the suspension of your driver's license. You can respond by either mailing the green ticket to the court or bring it in person to the Court Clerk's office. Select one of the boxes on the back of the ticket and verify your address. You cannot respond by telephone!

REMEMBER: FAILURE TO RESPOND WITHIN 15 DAYS OR TO APPEAR FOR A SCHEDULED HEARING MAY RESULT IN: SUSPENION OF YOUR DRIVING PRIVILEGE, A WARRENT MAY BE ISSUED AND OR THE ACCOUNT MAY BE ASSIGNED TO A COLLECTION AGENCY.

WHAT SHOULD I WEAR AND HOW SHOULD I ACT IN COURT?
Suitable attire is required. Shoes and shirts are necessary. Halter tops, tank tops and shorts are not permitted. Hats are to be removed upon entering the courtroom. No smoking, food or drink will be allowed. Children may be present in the courtroom, but if they disturb the proceedings you may be requested to remove them. The Court does not provide child care. Upon your arrival, find your name on the docket outside the courtroom, then have a seat in the courtroom until the session convenes. you do not need to check with the clerk unless your name is not on the docket.  When you case is called, come forward and stand behind the counsel table until instructed otherwise by the Judge. 

WHAT IS A MITIGATION HEARING?
A mitigation hearing is where YOU ADMIT you committed the violation, but wish to explain the circumstances of the infraction. To request a mitigation hearing you should check box two (2). the Judge, depending on the explanation and your record, may adjust the penalty. However, the Judge will not dismiss your ticket. the court is required to forward all committed traffic ticket to the Department of Licensing, therefore it will appear on your driving record.

WHAT IS A CONTESTED HEARING?
If you believe YOU DID NOT commit the violation then you should select box three (3) and have a contested hearing. Unless you request the officer to be subpoenaed, the procedure at the hearing will be for the Prosecutor to read the sworn statement of the officer. Then you may testify or present any evidence of the officer. then you may testify or present any evidence or witnesses that you wish. If you want to have the officer or any technician present, you must advise the clerk at the time you present your ticker and fill out the subpoena request form. If you respond by mail a subpoena request form will be mailed to you. You MUST return the form to the Court by mail or in person as soon as possible to scheduling purposes. As a result a contested hearing, the penalty may stay the same, be reduced, or the ticket may be dismissed. In the event you have subpoenas witnesses you may be required to pay court costs. A contested infraction hearing is a civil case and the Judge will decide the case based upon the preponderance of the evidence.

MAY I HAVE A LAWYER AT A CONTESTED HEARING?
You may, at your own expense, have your lawyer appear and represent you at your hearing. If you are to be represented by counsel, the lawyer is required to file a notice of appearance with the court, and the prosecutor, prior to the hearing date.

WILL A TRAFFIC INFRACTION APPEAR ON MY DRIVING RECORD?
When you pay the penalty, mitigate, or if the Judge finds you have committed a trafic infraction at a contested hearing, the state law requires that the infraction be reported to the Department of Licensing. The infraction will then appear on you driving record. Neither the Court Clerk, nor the Judge, has the authority to keep the infraction off your record. If you win at a contested hearing and the infraction is dismissed, it is NOT reported to the Department of Licensing and will not appear on your driving record.