Mitigation Hearing

A mitigation hearing is where you admit you committed the violation, but wish to explain the circumstances of the infraction. The judge, depending on your explanation and record, may adjust your penalty - unless your infraction is for speeding in a school or construction zone. In these cases, state law prohibits reducing the penalty.

At a mitigation hearing, the judge will not dismiss your ticket. The Court is required to forward all committed traffic tickets to the Department of Licensing. Therefore, it will appear on your driving record.

However, you may request the Court to defer its finding, pursuant to RCW 46.63.070 (5)(a) except that a person may not receive more than one deferral in a seven-year period.

RCW 46.63.070 (5)(a) Except as provided in (b) and (c) of this subsection, in hearings conducted pursuant to subsections (3) and (4) of this section, the court may defer findings, or in a hearing to explain mitigating circumstances may defer entry of its order, for up to one year and impose conditions upon the defendant the court deems appropriate. Upon deferring findings, the court may assess costs as the court deems appropriate for administrative processing. If at the end of the deferral period the defendant has met all conditions and has not been determined to have committed another traffic infraction, the court may dismiss the infraction.