WHAT IS AN INFRACTION?
Previously, many traffic and criminal charges were crimes. The Legislature has decriminalized many traffic 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 clerk’s office. Select one of the boxes on the back of the ticket and verify your address. If you select box one (1) you are electing to pay the amount of the penalty as shown on the front of the ticket. The court accepts personal checks or money orders made payable to the Chehalis Municipal Court. Please do not send cash through the mail. Request Form
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. As the court is required to forward all committed traffic tickets to the Department of Licensing, it will appear on your driving record. Request Form
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 Judge to read the sworn statement of the officer. Then you may testify or present any evidence or witnesses that you wish. As a result of a contested hearing, the penalty may stay the same, be reduced, or the ticket dismissed. In the event you have subpoenaed witnesses, you may be required to pay court costs. A contested hearing is a civil case and the Judge will decide the case based on a preponderance (more likely than not) of the evidence. Request Form
MAY I HAVE A LAWYER AT A CONTESTED HEARING?
You may, at your own expense, have a 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 appropriate prosecutor prior to the hearing date. A separate hearing is held when lawyers are involved and it is necessary to have sufficient notice for scheduling.
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. Weapons are prohibited. 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, check in with the clerk at the counter and then have a seat in the courtroom until the session convenes. When your case is called, come forward and stand behind the podium until instructed otherwise by the Judge.
WILL A TRAFFIC INFRACTION APPEAR ON MY DRIVING RECORD?
When you pay the penalty, mitigate, or if the Judge finds you have committed a traffic 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 your driving record. Neither the court clerk, nor the Judge, has the authority to keep the infraction off your record. If you qualify for a deferred finding and complete all of the conditions or win at your contested hearing and the infraction is dismissed, it is not reported to the Department of Licensing and will not appear on your driving record
WHAT IF I DO NOT PAY FOR MY TICKET OR APPEAR FOR A HEARING?
A failure to pay or respond to the ticket within 15 days results in a finding that the infraction was committed. If you asked for a hearing and do not appear, your payment is due immediately. When an infraction is not paid within a timely manner or a hearing is missed, a $52 late penalty is added to the amount shown on the ticket. Your license may then be suspended if the penalty is not paid following a notice to pay the increased penalty, and the account may be assigned to a collection agency.
IS THERE A RIGHT TO APPEAL?
If you do not win at a contested hearing you have the right to appeal to the Superior Court of Lewis County. The notice of appeal must be filed within 30 days of the judgment. There will be various appeal costs, payable in advance, including a statutory court filing fee. If you appeal, the Superior Court will review the record that was made at the Chehalis Municipal Court, but there will not be a new trial. The clerk’s office will provide you with information about the appellate process.
WHAT ABOUT A NO LIABILITY INSURANCE TICKET?
If you receive a ticket for no insurance and you had insurance at the time of the ticket, you may file proof of insurance with the court clerk, pay a $25 administrative cost, and the charge will then be dismissed and not go on your driving record. If you obtained insurance after you were given the ticket, you may request a mitigation hearing (box 2) to explain the circumstances and show proof of insurance to the Judge. HOWEVER, YOU MUST DO EITHER WITHIN THE 15 DAY RESPONSE TIME.
WHAT IF I CAN’T PAY MY PENALTY ALL AT ONCE?
The court expects payment following infraction hearings. Therefore, if a monetary penalty is imposed by the Judge, it will be necessary for you to be prepared to pay the penalty in full immediately following the finding. If you can’t pay your entire penalty at the time of the hearing, you may request a time payment agreement. This is an agreement with the court for payments and must be strictly adhered to. Read the payment agreement carefully, as failure to follow the agreement can result in late fees, a possible suspension of your license, and assignment of your account to a collection agency.
What must I do if I receive a parking infraction?
Similar to a traffic infraction, you must respond to a parking infraction within 15 days of the date of issuance if you wish to request a mitigation or contested hearing. The request for a hearing can be found on the parking infraction envelope. You may either mail your request to the court or drop it off at the court clerk’s office on the 2nd floor of city hall. Please be sure to include your name and mailing address so that a notice of hearing can be mailed to you.
What if I just want to pay the parking infraction?
All parking infractions are due within 72 hours of issuance, excluding weekends and legal holidays. Payments may be remitted to the court clerk’s office in cash, check or money order. For after hour payments, there are two payment drop boxes located at city hall, one on the front steps and one located at the back of city hall. If you choose to mail your payment, the postmark must be dated within 72 hours of the date of the violation date.
Will parking infractions appear on my driving record?
No, parking infractions will not appear on your driving record. However, failure to pay two or more parking infractions will result in the non-renewal of your vehicle license.
What if I do not pay my parking infraction or appear for a hearing?
Failure to pay a parking infraction or appear for a hearing as scheduled will result in an automatic finding of committed. In addition, a delinquent fee will be added to the original fine. If the fine and delinquent fee is not paid within a timely manner, the account may be assigned to a collection agency.
What if I sold a vehicle, but it still shows my name as owner?
If you receive notice from the Chehalis Municipal Court that you have outstanding parking infractions owing, but you have sold the vehicle cited, you will need to provide a copy of the Seller’s Report to the court that includes new owner information.
What if I have a question or concern about the parking enforcement officer?
The parking enforcement officer is an employee of the Chehalis Police Department. Any questions or concerns about parking enforcement issues should be directed to the Chehalis Police Department which is located at 473 NW Park Street, Chehalis, WA. They may also be contacted at 360-748-8605. Parking permits are also available for purchase from the Police Department.
