what to expect at a traffic ticket mitigation hearing
A driver who receives a ticket in the state of Washington has 15 days to choose between three options:
- pay the fine
- contest the violation
- ask for a mitigation hearing
In 2018, law enforcement officers issued 738,746 traffic tickets to drivers in washington state. more drivers, about 13% of all ticketed, requested mitigation hearings than contested hearings. this is unfortunate because most people simply don’t understand what a mitigation hearing is.
In the long run, a ticket reduction won at a mitigation hearing is nothing compared to the cost of higher insurance rates and the other impacts of adding a ticket to a motorist’s driving record.
>
what is a mitigation hearing?
In a mitigation hearing, the driver agrees that a violation was committed, but then explains the circumstances (how and why it happened) in the hope that the judge will reduce the fine.
For example, in a speeding violation case, the driver admits speeding but wants to explain why. It’s important to understand that even if the reason seems fairly legitimate, the judge will not dismiss the ticket at a mitigation hearing.
For a ticket to be dismissed, the driver must request a contested hearing to argue that the violation did not occur.
A common misconception I see: People think that because they have a good driving record, the judge might give them a break. This couldn’t be further from the truth! the judge is there to determine if the driver committed an infraction on that particular day. previous driving habits and records are irrelevant.
when should I request a mitigation hearing?
It only makes sense to request a mitigation hearing for certain non-traffic violations, such as driving without insurance or driving with an expired registration. Usually, when a driver shows the court that the problem has been fixed, the judge will significantly reduce the fine. for example, an uninsured violation in washington state carries a fine of $550. The judge will often reduce the fine by $300 or more if the driver shows that he purchased insurance after the fact.
Do I get points on my license when I mitigate my traffic ticket?
the state of washington does not use a point system; we are one of the few states that do not. we have limits on how many tickets a driver can rack up before incurring a license suspension, but we don’t have a point system in the traditional sense.
Should I request a mitigation hearing?
in the state of washington, there are three ways a person can respond to a traffic ticket. the three options include:
- simply paying the fine;
- requesting a mitigation hearing; and
- request a contested hearing.
Today we will dive into the details of option number two, a mitigation hearing. We will discuss what a mitigation hearing is and also share our thoughts on why you should not attend a mitigation hearing, except under special circumstances.
what is a mitigation hearing?
A mitigation hearing in washington state is a hearing where the defendant (you) has the opportunity to explain the circumstances of the incident to the judge. At a mitigation hearing, you will not have an opportunity to contest the traffic citation charges. usually there is no prosecutor present and you will also not see attorneys representing their clients there. instead, he will be there to accept that he committed the violation with the understanding that the violation will go on his driving record. however, he will have the opportunity to explain why he was driving that way.
what will happen at a mitigation hearing?
you will be requesting that the judge reduce the amount of your fine. however, the judge is not required to do so, and there is no guarantee that the judge will agree to reduce the fine at a mitigation hearing. in most cases, the decision to reduce the fine is up to the judge. however, there are some traffic violations that the judge is prohibited by law from reducing. A common violation that cannot be reduced is speeding in a school zone.
Again, you will not have an opportunity to dispute the charges you are requesting simply to explain the circumstances. if the judge agrees to reduce the fine on the ticket, it will still be found committed and will be listed on your driving record. a reduction of the fine is not the same as a reduction of the charges.
Do I have to be in court for a mitigation hearing?
For many courts, you can complete a mitigation hearing by mail or online. To complete a mitigation hearing by mail, simply send a written statement or letter to the court explaining the circumstances of the incident and requesting a reduction in the penalty fine.
If you complete a mitigation hearing by mail, you will not have to attend a court hearing in person. It’s important to note that asking to have the charges dismissed at a mitigation hearing (either in person or by mail) will ultimately be a waste of time.
Should I choose a mitigation hearing?
A mitigation hearing is not the hearing to try to dispute the violation or request a dismissal. if you are trying to fight the ticket charges, you should request a contested hearing, rather than a mitigation hearing.
In a contested hearing, you could have a chance to have a restraining violation dismissed or amended, which would keep the ticket off your record. with either of those outcomes could also come a lower court fine. be sure to check out our next post for more on that and the ins and outs of a contested hearing!
Although a mitigation hearing is not typically what we recommend, there are some limited situations where a mitigation hearing may be the best option for you. If you are cited for a non-traffic violation, such as past due tabs or operating a motor vehicle without insurance, a mitigation hearing may be the best option.
Non-moving violations generally do not affect your insurance rates. therefore, it is often easier for you to deal with the violation with a mitigation hearing rather than contest it or hire a washington state traffic ticket attorney.
You may also have the option to defer the infraction if a no-move deferment is available.
what happens if I have multiple charges on the same ticket?
Please note that if there are other charges on the ticket besides a non-traffic violation, choosing a mitigation hearing will not allow you to contest the traffic violation(s). For example, if you were cited for speeding and no insurance on the same ticket and you opt for a mitigation hearing, you will plead guilty to both charges.
While the no insurance charge is a non-moving violation and is unlikely to increase your insurance rates, the speeding charge will go on your driving record and will definitely increase your rates. in a mitigation hearing, the two violations will not be addressed separately. however, if you were to request a contested hearing, you could fight the speeding ticket and request to reduce (mitigate) the violation of not having insurance.
Can I hire an attorney if I have already requested a mitigation hearing?
If you have already requested a mitigation hearing, you can still hire an attorney for the case and it is probably the best option for you overall. If you have received a traffic ticket in Tacoma, Washington, or the entire Puget Sound and have requested a mitigation hearing or are thinking about requesting one, call us first! If you choose to retain our firm after the free consultation, we will contact the court to change your hearing to contested so that we can dispute the charges. just be sure to contact us before the mitigation hearing takes place and do your best not to miss any hearings you have scheduled with the court.
Once the hearing has been changed to a contested hearing, our firm will do everything possible to keep the violation off your driving record. we usually get a dismissal or an amendment to the original violation that prevents the charges from becoming part of your driving summary.