Contested Seattle Traffic Ticket Hearing Procedures Explained

Getting a Seattle speeding ticket sucks. If you were going under 75 miles per hour, you were just the unlucky one that got popped by the Seattle officer out there sitting in the speed trap. Every day I drive I see people passing me going way over the speed limit (of course I never speed!), and only rarely do I see anyone getting in trouble. So, getting that Seattle speeding ticket feels like a slap in the face, particularly if you were going anywhere near 70, which seems to be the true flow of traffic speed for Seattle highway traffic (although this is not a defense to a traffic ticket - don't try to use it).

Now that you've gotten the speeding ticket, you probably aren't very sure what to do. At least you are doing one thing right by researching your options (at least that is why I am assuming you are here - if you just have a morbid curiosity for Seattle traffic law, more power to you) to figure out what you can and can't do. And I'll be that until you got here (and maybe even after you leave here) you had no idea what you were going to do to get your Seattle traffic ticket dismissed, or how you were going to do it.

Well, today is your lucky day, because I'm going to explain a little bit about contested hearing procedure. But, before I do that, I guess I should back up and explain how you get to the contested hearing (because I am a Seattle traffic lawyer and do this all the time I tend to gloss over things I take for granted every day, like how you get a contested hearing in a Seattle speeding ticket case). When you receive your Seattle speeding infraction you will see on the ticket that there are three boxes to choose what you want to do: (1) plead to the ticket and pay the fine; (2) plead to the ticket and ask for the fine to be lowered at a mitigation hearing; and (3) contest the ticket at a contested hearing. I would suggest that you always check box three and ask for the contested hearing. Your fine won't go up because of it, and all you'll be out is a little bit of time if you lose.

Once you check the third box and ask for the contested hearing, the court will assign you a court date. Before you get there you should think a little bit about what you are going to do to try to get out of the ticket (check for Seattle traffic ticket procedural errors and Seattle traffic ticket substantive errors), whether or not you want to subpoena the officer, and what kind of questions you are going to ask if you do decide to subpoena the officer.

The Seattle traffic ticket contested hearing itself is governed by what is called the infraction rules of limited jurisdiction, IRLJ for short. IRLJ 3.3 covers the procedures at contested traffic infraction hearings. And it is pretty straight forward.

First, the hearing is on the record. That means the testimony will be recorded and any evidence will be admitted and preserved. This is important if you decide you want to appeal your case up to the District Court, even though they hear the case as if the traffic court hearing never happened (called de novo). You can use that transcript to see what you did wrong and right and get better for the next time, if you should decide you want to appeal.

Second, you may be represented by a Seattle traffic lawyer. This representation is not guaranteed, which means if you want a Seattle traffic attorney there you have to pay for them yourself. This is so because traffic infractions don't include any jail time - only money. Because your liberty is not at stake, you aren't entitled to legal representation like you would be at a criminal hearing. And one always wonders whether or not it is wise to hire a Seattle traffic lawyer, because the cost often outweighs the cost of the fine. But, if you hire a traffic attorney, there are some benefits: (1) you don't have to go to court; (2) you have someone working on your side that knows what they are doing;(3) you have a much higher likelihood of getting the Seattle traffic ticket dismissed outright; and (4) you have a much higher chance of keeping your insurance rates low.

Third, the rules of evidence apply. This means the prosecution must offer evidence into the record, hearsay isn't allowed, and there is some legal maneuvering to be made if you know what you are doing. This is just another reason to hire a Seattle traffic attorney to help you out.

Fourth, the prosecution is required to prove that the traffic infraction happened beyond a preponderance of the evidence. This is a lower standard than in a Seattle criminal case, and basically means the facts generally have to weigh more in favor of the prosecution than the defendant. This is why a he said she said battle with the officer is almost never successful. The judge gives the cop the benefit of the doubt, a preponderance of evidence has been met, and you owe a traffic infraction fine. If there is not enough evidence (which is often a way your Seattle traffic lawyer "cheats" the system) then the case is dismissed.

Finally, if the court determines that you have committed a Seattle traffic infraction, it will assess a monetary penalty. That penalty may not be more than the penalty as written in the statute, but it may be less. This is why it is important to ask the judge to lower the fine even if you lose the case. Your request may fall on helpful ears and your fine may be lowered. The court can also impose community service in lieu of a fine if you are strapped for cash. Finally, the court may hold jurisdiction over your case for up to a year (usually to allow time to make payments).

Navigating the world that is Seattle traffic law is not easy, but it isn't rocket science. The advantage I hold over you, the average citizen, is I work with traffic tickets every day. My first exposure to the court room happened years ago, and I know where to look to find the information that can get your Seattle traffic ticket dismissed. So, before you go to your contested Seattle traffic ticket hearing, consider hiring a Seattle traffic lawyer. But if you don't continue reading, and good luck.