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Traffic and Other InfractionsBeing accused of an infraction can be an upsetting experience. We hope this information will be of help in guiding you through the infraction process and take some of the mystery out of the procedures. We have tried to anticipate and answer the more frequently asked questions. If you have any additional questions, don't hesitate to ask a staff member.Frequently Asked QuestionsWhat is an infraction?In 1981, the Legislature decriminalized many minor traffic offenses to promote public safety and to facilitate the implementation of a uniform and expeditious system for the disposition of such offenses. Common traffic infractions are speeding, seat belt and liability insurance violations. Since 1989, other types of minor offenses have been decriminalized, including certain parks, wildlife, and fisheries offenses. These offenses are called infractions and are considered civil cases.What must I do if I receive an infraction?Start by reading the entire back side of the notice of infraction ( or "ticket") given to you by the police officer. Your copy of a notice of infraction is green in color. You must respond to the Court within fifteen (15) days of the date the infraction was issued to you. An infraction is not a crime, but failure to respond can result in an increase of the amount you must pay and in the suspension of your driver's license. Your response must be made in one of three ways listed on the back side of the infraction. A more detailed explanation of each type of response follows:
May I have a lawyer at a contested hearing?You may have a lawyer appear and represent you at your hearing. The lawyer's fees would be your responsibility. The Court does not appoint lawyers at public expense in infraction cases.Will a traffic infraction appear on my driving record?When you are found to have committed a traffic infraction, either by paying the penalty or by means of a hearing, state law requires the Court to report the conviction to the Department of Licensing (DOL). The traffic infraction will then appear on your driving record which DOL maintains for three years for insurance purposes. If the infraction is dismissed by the Court, it will not be reported to DOL and it will not appear on your driving record.What about a ticket for not having liability insurance?If you receive an infraction for failure to display proof of liability insurance and you were insured at the time of the infraction, you may file proof of your insurance with the Court along with a $25 administrative fee. The infraction will then be dismissed and not appear on your driving record. If you obtained insurance after you were issued the infraction, you may request a mitigation hearing (response number 2) to explain the circumstances and show your insurance proof to the judge. The judge generally reduces the penalty substantially. However, you must respond as described above within the 15 days required by your notice of infraction.What if I cannot afford to pay the penalty in full?Failure to pay or respond to an infraction within 15 days will result in a finding that the infraction was committed and an order that the penalty listed on the infraction is due immediately. A $52 late penalty is added when no response is made, payment is not made in a timely manner, or a hearing is missed. For traffic infractions, the Department of Licensing is notified of your failure to respond, pay, or appear, resulting in suspension of your driver's license. Delinquent payments may also be assigned to a collection agency with collection costs added.I forgot about my ticket. What do I do now?Paying the amount due in full, including late penalties and collection costs, will clear the matter with the Court.Partial payments are not acceptable at this point. The Court may reconsider its decision if good cause is shown for your failure to respond, appear, or pay. To schedule a good cause hearing you must file a written request for a good cause hearing and personally appear at the scheduled hearing date. If more than 90 days has passed since your failure to respond, appear, or pay, the court may not allow a good cause hearing. Is there a right to appeal?You may appeal if the Court finds you committed the infraction after a contested hearing. A written notice of appeal must be filed with the court within thirty (30) days of the Court's decision against you. You will be responsible for the costs of an appeal, which include a $200 Superior Court filing fee, payable in advance. If you appeal, the Superior Court will review the record that was made at the District Court. The Superior Court will not provide a new trial. Instructions and forms to appeal a case are available from the District Court counter.How do I know what court to go to for my traffic ticket?The court's name, address, and telephone number should be printed on your citation. If you have lost your copy of the citation or infraction ("ticket"), you need to call the District Court between 8:30 am and 4:30 pm. |
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