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When you request a Mitigation Hearing you agree you have committed the infraction(s) but want to explain the circumstances. The court may reduce the fine where allowed by law or you may seek a Deferred Finding to keep the infraction off your driving record. You can download the Mitigation by Mail Request form (PDF).
When you request a Contested Hearing you deny you committed the infraction(s). The city must prove by a preponderance of the evidence that you committed the infraction. A Contested Hearing is similar to a mini-trial. You have the right to subpoena the officer or any witness that may assist you. All witnesses must be subpoenaed no later than 14 days before the hearing. You must also submit the list of witnesses to the City Prosecutor. The Prosecutor has the right to represent the City of Gig Harbor if he/she chooses. You must appear in person at a contested hearing. Hearings by mail are not allowed for contested hearings.
When you fail to respond to your ticket within 15 days as directed on your copy of the citation OR when you fail to appear in Court as directed the Court will take action to commit your ticket, assess a penalty, and place a suspension on your driver’s license. After the Court takes this action your only option for a hearing is to request a “Show Cause Hearing” pursuant to CR LJ 60(b). You must do so in writing, handwritten or typed. The show cause hearing is simply to address the issue of your failure to appear in Court as directed or failure to respond to your ticket as directed under IR LJ 3.2. If the judge finds “Good Cause” or simply a good reason for your failure to respond or to appear then he/she may decide to set a hearing of your choice. You may then proceed with a Mitigation (see above description). Download Motion For Show Cause form.
According to the Washington Administrative Office of the Courts, the distribution of a $124 traffic ticket is: