BILL REQ. #: H-1740.1
State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/25/11.
AN ACT Relating to traffic infractions; and amending RCW 46.63.060.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 46.63.060 and 2006 c 270 s 2 are each amended to read
as follows:
(1) A notice of traffic infraction represents a determination that
an infraction has been committed. The determination will be final
unless contested as provided in this chapter.
(2) The form for the notice of traffic infraction shall be
prescribed by rule of the supreme court and shall include the
following:
(a) A statement that the notice represents a determination that a
traffic infraction has been committed by the person named in the notice
and that the determination shall be final unless contested as provided
in this chapter;
(b) A statement that a traffic infraction is a noncriminal offense
for which imprisonment may not be imposed as a sanction; that the
penalty for a traffic infraction may include sanctions against the
person's driver's license including suspension, revocation, or denial;
that the penalty for a traffic infraction related to standing,
stopping, or parking may include nonrenewal of the vehicle license;
(c) A statement of the specific traffic infraction for which the
notice was issued;
(d) A statement of the monetary penalty established for the traffic
infraction;
(e) A statement of the options provided in this chapter for
responding to the notice and the procedures necessary to exercise these
options;
(f) A statement that at any hearing to contest the determination
the state has the burden of proving, by a preponderance of the
evidence, that the infraction was committed; and that the person may
subpoena witnesses including the officer who issued the notice of
infraction;
(g) A statement that at any hearing requested for the purpose of
explaining mitigating circumstances surrounding the commission of the
infraction the person will be deemed to have committed the infraction
and may not subpoena witnesses;
(h) A statement that the person must respond to the notice as
provided in this chapter within fifteen days or the person's driver's
license or driving privilege will be suspended by the department until
any penalties imposed pursuant to this chapter have been satisfied; and
(i) A statement that failure to appear at a hearing requested for
the purpose of contesting the determination or for the purpose of
explaining mitigating circumstances will result in the suspension of
the person's driver's license or driving privilege, or in the case of
a standing, stopping, or parking violation, refusal of the department
to renew the vehicle license, until any penalties imposed pursuant to
this chapter have been satisfied.
(3) A form for a notice of traffic infraction printed after the
effective date of this section must include a statement that the person
may be able to enter into a payment plan with the court under RCW
46.63.110.