Civil Infractions (Tickets)

What is an Infraction?

In 1981, the Legislature decriminalized many minor traffic offenses to promote public safety and to facilitate a uniform and expeditious system. Infractions are often referred to as civil infractions or non-criminal tickets. Many infractions are related to traffic violations, such as speeding, inattentive driving, and failure to wear a seatbelt. However, there are also many non-traffic infractions that involve parking, parks, wildlife, and fisheries violations.

Responding to Time-Sensitive Infractions 

You must respond to the court within thirty (30) days from the date the infraction was issued to you.  

Please review your ticket. Listed on the ticket are the options you have for responding to your infraction. The listed options fall into three categories:

  • Payment: This involves mailing a payment for the dollar amount on the ticket. Alternatively, you may request a payment plan by admitting responsibility for the infraction and filling out the request for payment plan form and submitting it to the court (request for payment plan form); or,
  • Requesting a Mitigation Hearing: This involves admitting the violation and requesting a reduction in the penalty. This can be done by requesting a mitigation hearing or filling out mitigation-by-mail paperwork (mitigation/contested form) and submitting it to the court; or,
  • Requesting a Contested Hearing: This involves denying the violation. This can be done by requesting a court date or filing out the contest by mail paperwork (mitigation/contested form) and submitting it to the court.

On the ticket, you should put an “x” in the box indicating your response, sign your name, and provide your current mailing address. Alternatively, you can fill out the appropriate form (listed above) indicating your response, your citation number, signing your name, and providing a good mailing address. Your response must be received, or postmarked at the courthouse location listed on the front of the ticket or submitted form within 30 days of the violation date.

HEARING BY MAIL

A Hearing By Mail allows you to mitigate or contest your ticket without having a formal in-person hearing. Instead of requesting a formal hearing date, you can complete the statement and declaration provided below and have your contested or mitigation hearing conducted by mail. However, you must fully complete the Contested/Mitigation form and either mail or email it to the court within thirty (30) days of the issuance of the citation. 

If you fail to request an in-person hearing or submit the declaration and statement within the thirty (30) days of the issuance of the citation, the infraction will be found committed, a $52 default penalty will be added, and the finding will be reported to the Department of Licensing. Unpaid fines may also result in a referral to a collection agency and suspension of your privilege to drive.

Requesting the Officer’s Report (For a Contested Mail Hearing)

For a contested hearing by mail, you may contact the court in person, by mail or email at DistrictCourt@islandcountywa.gov to request the officer’s affidavit before completing and submitting your statement. Failure to do this will result in consideration without your viewing of the officer’s affidavit. If you choose this procedure, you will not appear before a judge in the courtroom. Everything will be handled through the mail. For a hearing conducted “in person,” in court, please reference IRLJ 3.1 for the discovery rules.

No Insurance Infractions

If you were charged with No Proof of Insurance under RCW 46.30.020, and you have proof that you were properly insured on the date and at the time of the violation, please include a copy of that proof along with your declaration.

STEPS TO HAVE A HEARING BY MAIL

Step One: Print the mitigation/Contested Hearing by Mail form or pick up a form at the Island County District Court, 800 SE 8th Ave., Oak Harbor, WA 98277

Step Two: Fully complete the form. Make sure you have included your full name, infraction No and mailing address.

Step Three: Choose either mitigation or Contested Hearing (do not check both boxes).  If a finding of committed is entered at a contested hearing, the penalty will not be reduced. If you select both boxes, a formal “in-person” contested hearing will be set for you.   

Step Four: Signing the Acknowledgment: Acknowledge your understanding that you are agreeing to pay any penalty that could be imposed and giving up the right to appeal a decision.

Step Five: Fill out the written statement.

Step Six: Decide if you need a payment plan (should a fine be imposed).

Step Seven: Sign the Written Statement

Step Eight: Submit your Mitigation/Contested by Mail paperwork to the Court.

 Deferred Findings Option

If you have received a traffic infraction in the jurisdiction of Island County District, you may be eligible for the Traffic Infraction Deferral Program. You may only receive one deferral for a Moving Violation and one deferral for a Non-Moving Violation every seven (7) years. If you request to resolve your infraction(s) with a deferred finding to minimize the effect on your driving record, you will be entering into a six (6) month process starting from the date of approval by the judge. If you comply with all the requirements, the infraction will be dismissed at the end of the six (6) month period.

Do you Qualify for a Deferral?

To apply for the Deferral Program, you must meet the following criteria:

  • You have not received a Deferral or Deferred Finding in the past seven (7) years from any court in the State of Washington, moving or non-moving, depending on the charge that you are requesting to be Deferred.
  • You do not possess a Commercial Driver’s License (CDL).

Please keep in mind that even if you have met the above-listed criteria to apply for the Deferral Program, your entry into the program is a discretionary decision that will be made by the Judicial Officer.

Conditions of a Deferred Finding

If you are granted entry to the Deferral Program, the conditions of your deferral will be, but are not limited to the following:

  • A non-refundable Administrative Fee of $150; and an additional $50 for each count (infraction) beyond the first count (infraction); that is due within a time decided by the Judge. 
  • The length of the deferral is six (6) months.
  • Certain infractions require that you attend an online traffic school at your expense, and you must provide proof of successful completion to the court (see the local rules or review the online application for a deferral for more details).
  • Certain infractions require additional information (documents) before a deferred finding will be approved by the court (see the local rules or review the online application for a deferral for more details). 
  • Any new traffic violations will be a cause for the revocation of the deferral.

There are no exceptions to the criteria required, or the conditions imposed by the court.  

Revocation of the Deferred Finding

If you have not complied with any of the imposed conditions within the next six (6) months, the Deferred Finding will be revoked. The deferred infraction will then appear in your driving history as “committed”. You will not be eligible to use this deferred finding option for another seven years.

What Happens If I do Not Respond, Do Not Appear in Court, or I Do Not Pay?

Failure to pay or respond to an infraction within thirty (30) days will result in a finding that your infraction/violation was committed, and that the penalty (listed on the infraction) is immediately due.  

If you ask for a court hearing and do not appear at the scheduled hearing, the court will find that the infraction was committed and order the penalty listed on the infraction due immediately. A fifty-two ($52) dollar late penalty is added when you fail to respond and payment is not made in a timely manner, or you fail to appear at your hearing.

For traffic infractions, the Department of Licensing is notified of your failure to respond, pay, or appear, which may result in suspension of your driver’s license. Delinquent payments may also be assigned to a collection agency with collection costs added.

Ron CosteckNote From Judge Ron A. M. Costeck

Mitigation and Contested hearings are civil proceedings.  If this is your first time in court, and you feel nervous, please don't. While it is a court of law, and we follow certain procedures, it is a relatively relaxed environment. We understand that for most individuals this may be your first and only contact with the judicial system. Our mission is to help you navigate the hearing with an emphasis on making sure you have a full opportunity to be heard.  

If you are mitigating your infraction, the court will explain the mitigation process and the availability of a deferred finding in lieu of mitigation. When your case is called, the court will inquire about what occurred on the day you received the infraction. After reviewing your record, the court will decide upon an appropriate reduction in your fine and ask if you need a payment plan.  

If you are contesting your infraction, the court will explain the contested hearing procedure and the availability of mitigation and a deferred finding in lieu of the contested hearing. If you proceed with contesting the hearing, the City/State will present their case first. The case will either be based upon the officers' report(s) and other evidence (such as video), or the officers' testimony (if you have properly requested their presence). After this presentation, you will be given an opportunity to present your case. Remember, if you have physical evidence, it should be in a form that the court can mark as an exhibit and place into evidence (ie: pictures on cell phones should be printed and in hard copy form for the court).

If you are not represented and need to request a continuance of your hearing, please contact the court in advance of the date of your hearing. The court clerk may inform you that the court has conditioned the continuance on waiving the one-hundred and twenty (120) day period (from the notice of infraction) that the hearing is required to be set, under IRLJ 2.6. Remember, if you do not show up for your hearing, the ticket will most likely be committed and, in addition to the fine, a failure to appear fee will be assessed ($52.00). So, please make it to your hearing.      

Making A Payment

You may enclose a check or money order made payable to Island County District Court, for the amount listed on the front of the ticket or the amount imposed by the court.  Please include your citation number on the memo line. Please do not send cash in the mail. 

Alternatively, you may make any form of payment in person at the Island County District Court located at:

  • Island County District and Municipal Court
  • 800 SE 8th Avenue
  • Oak Harbor, WA 98277

Online Payments: By Credit or Debit Card

Forms

Requests by Mail

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