The issuance of your Notice of Infraction is a determination that you committed the infraction. You have requested a mitigation hearing to explain the circumstances surrounding the commission of this infraction. You may not argue that you did not commit the infraction.

A mitigation hearing is an informal proceeding. There will be no jury present. You may bring a lawyer at your own expense.

You may ask witnesses to attend the mitigation hearing but they cannot be subpoenaed and required to appear.

You can be required to pay a monetary penalty. Suspension, revocation, or denial of your driver's license may also result from your having committed the infraction.

You may not appeal the court's determination or order.

In a traffic infraction case, a record of the court's determination and order shall be furnished to the Department of Licensing.

Failure to respond, failure to appear at any hearing, or failure to pay will automatically increase the monetary penalty, and, in a traffic infraction case, your driving privilege will be suspended until you  have paid all the penalties required by law. Failure to appear at any hearing may be a crime for which you may be arrested.

Hearing Date - IRLJ2.6(d):
"A defendant who objects to the hearing date set by the court upon the ground that it is not within the time limits prescribed by this rule shall file with the court and serve upon the prosecuting authority a written motion for speedy hearing date within 10 days after the notice of hearing is mailed or otherwise given to the defendant. Failure of a party, for any reason, to make such a motion shall be a waiver of the objection that a hearing commenced on such a date is not within the time limits prescribed by this rule." The court must schedule your mitigation hearing within the time frame established in the Infraction Rules for Limited Jurisdiction Courts (IRLJ).

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Contested Hearing Procedures

The issuance of your Notice of Infraction is a determination that you committed the infraction. You have requested a contested hearing because you do not believe you committed the infraction.

Rights of Defendants:

As a defendant, you are entitled to the following:

• The right to bring a lawyer, at your expense.

• The right to present evidence and examine witnesses in court.

• The right to request from the prosecutor a witness list and a copy of the citing officer's sworn statement if it will be offered into evidence at the hearing. You must make the request in writing at least 14 days before the hearing, and the witness list and citing officer's sworn statement should be given to you at least 7 days before the hearing.

• The right to subpoena witnesses, including the officer who issued the Notice. If you wish to subpoena a witness, you must apply to the court in person at least 14 days prior to the hearing. Witnesses should be served at least 7 days before the hearing.

Hearing Procedure:

The contested hearing will be heard before the court without a jury. The city must prove by a preponderance of the evidence that you did commit the infraction. After consideration of the evidence, the court will determine whether you did commit the infraction.

If the court determines that you did commit the infraction, you may be required to pay a monetary penalty. You may also be required to pay court costs in addition to the monetary penalty. In a traffic infraction case, a record of the court's determination and order shall be furnished to the Department of Licensing.

You may appeal the court's decision that you did commit the infraction.

Failure to Respond/Failure to Appear/Failure to Pay:

Failure to respond, failure to appear at any hearing, or failure to pay will automatically increase the monetary penalty, and, in a traffic infraction case, your driving privilege will be suspended until you have paid all the penalties required by law. Failure to appear at any hearing may be a crime for which you may be arrested.

Hearing Date - IRLJ2.6(d):
"A defendant who objects to the hearing date set by the court upon the ground that it is not within the time limits prescribed by this rule shall file with the court and serve upon the prosecuting authority a written motion for speedy hearing date within 10 days after the notice of hearing is mailed or otherwise given to the defendant. Failure of a party, for any reason, to make such a motion shall be a waiver of the objection that a hearing commenced on such a date is not within the time limits prescribed by this rule." The court must schedule your mitigation hearing within the time frame established in the Infraction Rules for Limited Jurisdiction Courts (IRLJ).

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This page last updated on 12/15/2008