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The information contained here is intended to address the most frequently asked questions. It is not comprehensive and should not be construed as legal advice.
Important Notice Regarding Litigant Confidential Information – District Court needs information about every party involved in a case so the court can accurately identify the parties and be able to contact them.
If you have not already done so, please complete a Litigant Confidential Information Form and provide it to the court. You should also use the form to update information previously provided to the court.
The Basics About Tickets
Can I Go To Jail? No. This is not a criminal offense. You cannot go to jail if you are found to have committed the ticket.
I Got A Ticket. What Do I Have To Do?
You must notify the court of your response to the ticket!
If an officer gave you the ticket, you must fill out the back of the ticket by selecting one of the options, sign your name, and provide your current mailing address. You must then make sure to send your response to the court.
If you received the ticket in the mail, you must fill out the "Response To Infraction" form and "Litigant Confidential Information Form" sent to you by the court. You must then make sure to send your response to the court.
How Much Time Do I Have To Respond To The Ticket? You have 30 days to respond if an officer gave you the ticket, or 33 days to respond from the date the ticket was mailed if the ticket was mailed to you. Infraction Rules For Courts Of Limited Jurisdiction (IRLJ) 2.4(a).
How Do I Notify The Court Of My Response To The Ticket? You must respond to the ticket by any one of the following methods –
- (1) Courthouse. Personally delivering your response at the Kitsap County Courthouse, room 106; or
- (2) Mail. Mailing your response to Kitsap County District Court, 614 Division Street, MS-25, Port Orchard, WA 98366; or
- (3) Email. Emailing your response to districtcourt@kitsap.gov
If your response is mailed, emailed, or efiled, your response must be postmarked, emailed, or filed not later than midnight on the day the response is due.
What Options Do I Have To Respond To The Ticket? You must respond to the ticket by any one of the following six options –
- (1) Pay The Penalty In Full – You may choose to pay the penalty in full. The court will enter a judgment that you committed the infraction.
How do I Pay? District Court offers several methods of payment. You may pay by credit card, cash or a cashier's check, money order, business check, or personal check made payable to "Kitsap County District Court". See Payment Of Tickets, Fines, And Court Fees on the court website at www.kitsap.gov/dc for payment options.
Do Not Mail Cash. Please do not mail cash to the court.
NSF Checks. Checks returned to the court by your bank for non-sufficient funds will be treated as a failure to respond to or pay the ticket.
- (2) Payment Plan – You may admit responsibility for the infraction and ask the court to provide you information about how to obtain a payment plan.
See Payment Of Tickets, Fines, And Court Fees on the court website at www.kitsap.gov/dc for payment options.
- (3) Contested Hearing (You Must Appear In Court) – You may contest (challenge) the ticket if you do not believe you committed the infraction. See more information below about contested hearings.
- (4) Mitigation Hearing (You Must Appear In Court) – You may admit that you committed the ticket, but want a hearing to explain the circumstances and/or ask the judge to reduce the monetary penalty listed on the ticket. See more information below about mitigation hearings.
- (5) Deferred Finding (Traffic Infractions Only) – You may be eligible for a deferred finding if your ticket is for a traffic violation. See more information below about deferred findings.
- (6) Decision On Written Statement (You Do Not Need To Appear In Court) – Rather than having to appear for a hearing, you may respond by a Request For Decision On Written Statement.
How does this Work? You may still choose any one of the above five options but your case will be handled by the judge reading your statement and thereafter making a decision.
Supporting Documentation. You may also submit supporting documentation that you would like the judge to consider (please do not send originals because the documents will not be returned).
Decision. The judge's decision will be mailed to you.Appeal. You may not appeal from a Decision On Written Statement.
What Happens If I Do Not Respond At All Or Respond Late? The judge will find that you committed the ticket. The judge's determination will be final. Your penalty may also be increased. If a traffic infraction, the court will notify the Washington Department of Licensing and your driving license or driving privilege may be suspended.
What Happens If I Do Not Appear For My Hearing? The judge will find that you committed the ticket. The judge's determination will be final. Your penalty may also be increased. If a traffic infraction, the court will notify the Washington Department of Licensing and your driving license or driving privilege may be suspended.
What Happens If I Fail To Pay? If you are found to have committed the ticket and do not pay the penalty imposed, the following may occur –
Collection Agency. If you fail to pay or enter into a payment plan, your case may be referred to a collection agency which could result in the garnishment of your wages and assets.
Traffic Infraction. If you fail to pay or enter into a payment plan and if your case involves a traffic infraction, the court will notify the Washington Department of Licensing and your driving license or driving privilege may be suspended.
Non-Traffic Infraction. If you fail to pay or enter into a payment plan and if your case does not involve a traffic infraction, it may be a crime and will be treated accordingly.
Parking Infraction. If you fail to pay or enter into a payment plan and if your case involves parking, the Washington Department of Licensing may refuse to renew your vehicle registration until any penalties imposed have been satisfied.
More Information About Tickets
What Is An Infraction (Ticket)? Infractions (also known as "tickets") are non-criminal violations of the law. A person found to have committed a ticket will be required by the judge to pay a monetary penalty. The penalty amount depends on the type of infraction committed.
There are two types of infractions – traffic and non-traffic.
Traffic Infractions – Most traffic infractions are defined by Washington's Motor Vehicles Code, Title 46 RCW. There are two types of traffic infractions – moving (such as speeding); and non-moving (such as no proof of insurance). Moving and non-moving violations are defined in the Washington Administrative Code (WAC) 308-104-160 pursuant to RCW 46.20.2891.
Mandatory Department Of Licensing Notification For Traffic Infractions – Washington law requires the court to notify the Washington Department of Licensing (DOL) when a traffic infraction is found to have been committed. The court shall also notify DOL when a person fails to pay a traffic infraction found to have been committed. IRLJ 4.1(a).
The court will not notify DOL for parking, standing, stopping, or pedestrian infractions. IRLJ 4.1(b). The court will also not notify DOL when a non-traffic infraction is committed.
What Information Is In My Driving Record? The Washington Department Of Licensing is required by RCW 46.52.130(1) to include the following information in your abstract of driving record whenever possible –
- Accidents. A listing of motor vehicle accidents in which you were driving, including the number of vehicles involved, whether the vehicles were legally parked or moving, whether the vehicles were occupied at the time of the accident, and whether the accident resulted in a fatality.
- Convictions, Infractions. A listing of any reported convictions, forfeitures of bail, or findings that an infraction was committed based upon a violation of any motor vehicle law.
- Status Of Your Driver's License. The status of your driving privilege (such as valid, suspended, etc.).
- Failure To Appear. Any reports of your failure to appear in response to a traffic citation or failure to respond to a notice of infraction served upon you by an arresting officer.
Who Can Look At My Driving Record? Washington Department of Licensing (DOL) abstract of driving records are confidential. RCW 46.22.010. Washington law, however, does authorize the DOL to release your abstract of driving record to the following –
- You.
- Your insurance carrier but your record may not be for a period more than the last 3 years.
- Your employers or prospective employer where you authorize your record to be released.
- Courts, including probation clerks and probation officers, which may also provide a copy to treatment agencies.
- Alcohol/drug assessment agencies.
- Prosecutors and city attorneys.
See RCW 46.52.130(2) for additional entities which are entitled to the release of your abstract of driving record.
Non-Traffic Infractions – Non-traffic infractions are defined in several different Washington codes.
- State Law. Non-traffic infractions are defined by state law in chapter 7.80 RCW (civil infractions) and chapter 7.84 RCW (natural resource infractions), which include – forest and forest products (Title 46); fish and wildlife (Title 77); public lands (Title 79); and public recreational lands (Title 79A).
State agencies may also adopt rules defining non-traffic infractions. RCW 7.84.020.
- Kitsap County Code. Non-traffic infractions also are defined by the Kitsap County Code (KCC). County infractions include violations of regulations adopted by the Kitsap Health District pursuant to KCC 9.52, including – rodent control (1999-14); onsite sewage system (2008A-01); solid waste (2010-1); food service (2014-01); environmental health (2022-01); and public nuisances (KCC 9.56).
Additional Kitsap County non-traffic infractions include – storm water drainage (KCC 12); building codes (KCC 14); zoning (KCC 17); and shoreline master program (KCC 22).
Contested Hearing (You Must Appear In Court) –
The Contested Hearing. The court will send you a "Notice Of Court Date". You must appear at the court date. If you do not appear, the judge will find that you committed the infraction.
Prosecutor Must Prove Case. The prosecution must prove by a preponderance of the evidence (more likely than not) that you committed the infraction. If the judge finds the prosecution did not prove its case, you will be found to not have committed the infraction. If the judge finds that the prosecution did prove its case, you will be found to have committed the infraction and the judge will impose a monetary penalty.
You Can Request Witnesses To Testify. You can require (subpoena) witnesses to appear at your contested hearing, including the officer who wrote the ticket. For additional information, see "Guide To Subpoena A Witness".
Driving Record. If you lose your contested hearing and the infraction is a "traffic" infraction, the court will notify the Washington Department of Licensing and your infraction will go on your driving record.
Appeal. You may appeal a judgment after a contested hearing.
Mitigation Hearing (You Must Appear In Court) –
The Mitigation Hearing. The court will send you a "Notice Of Court Date". You must appear at the court date. If you do not appear, the judge will find that you committed the infraction and impose a financial penalty.
Some Penalties Cannot be Reduced. The law prohibits a judge from reducing some penalties such as a ticket for – speeding in a construction zone, speeding in a school zone, unlawful passing a school bus, failure to initially register a vehicle, or failure to yield to an emergency vehicle.
Witnesses. You may not subpoena witnesses to appear at a mitigation hearing, but witnesses can attend voluntarily.
Driving Record. If the infraction is a "traffic" infraction, the infraction will go on your driving record.
Reduce Penalty; Payment Plan. The judge may reduce the penalty where allowed by law and/or allow a payment plan.
Appeal. You may not appeal a judgment after a mitigation hearing.
Deferred Finding (Traffic Infractions Only) –Washington law authorizes a judge to defer finding that a person committed a traffic infraction in certain circumstances. RCW 46.63.070(5).
What is a Deferred Finding? Washington law permits a judge to defer (postpone) making a finding that a traffic infraction was committed for up to one year under certain circumstances.
Why Would I Want a Deferred Finding? If a person is granted a deferred finding and successfully complies with all of the deferred finding conditions, the judge will dismiss the ticket one year after the deferred finding is entered. This means your court record will show the ticket was dismissed.
If your ticket is for a traffic infraction, the court will not notify the Washington Department of Licensing about your ticket. This means your ticket will not go on your driving record. See the above discussion about your driving record and who is entitled to look at it.
Additionally, the $210 deferred finding administrative fee may be much less than the penalty amount written on your ticket. You will only be required to pay the $210 fee if the judge enters a deferred finding on your ticket unless the judge finds you thereafter violated the deferred finding.
Why Wouldn't I Want a Deferred Finding? As discussed below, if you violate the deferred finding, you will owe the $210 administrative fee plus the penalty amount shown on your ticket. Only you know whether you will be able to successfully complete the deferred finding conditions which will be required by the judge. A deferred finding may not be the best option for someone who realistically thinks they will probably get another ticket or will not be able to pay the $210 within 60 days.
Not More Than One in 7 Years. A person may not receive more than one deferral within a 7 year period for moving violations and not more than one deferral within a 7 year period for non-moving violations.
Two Conditions for a Deferred Finding. The judge will impose two conditions if a deferred finding is granted –
- (1) You must pay a $210 administrative fee within 60 days of entry of the deferred finding (the penalty amount on your ticket does not matter); and
- (2) You may not commit any new infraction or criminal violations of the law during the one year deferral period.
The $210 administrative fee is required regardless of the monetary penalty listed on the ticket. You will not be ordered to pay the monetary penalty listed on the ticket unless the judge finds that you violated the deferred finding.
What Happens if I Violate Either Deferred Finding Condition? If you violate either condition of your deferred finding, the judge will –
- (1) Find that you committed the offense(s) listed on the ticket; and
- (2) Assess the full penalty listed on the ticket; and
- (3) Notify the Washington Department of Licensing that you committed the ticket; and
- (4) Require that you pay any unpaid portion of the $210 deferred finding administrative fee in addition to the full penalty assessed on the ticket.
You will also be prohibited from obtaining another deferred finding for 7 years.
Commercial Drivers and Commercial Vehicles Not Eligible. A person who is the holder of a commercial driver's license or who was operating a commercial motor vehicle at the time of the violation may not receive a deferred finding.
2º Negligent Driving with Vulnerable User Victim. A person who commits negligent driving in the second degree with a vulnerable user victim may not receive a deferred finding.
Appeal. You may not appeal a judgment after a deferred finding is entered.
