The judge (not a jury) makes the decisions on both the admissibility of evidence and the sufficiency of evidence. The hearing is conducted pursuant to the Washington Courts Infraction Rules for Courts of Limited Jurisdiction. This is a driver\'s opportunity examine witness, present evidence and make legal arguments. While most forms are crafted to appear that you must identify the actual driver, the name of the person who was driving is not required under Washington law (exception, rental car companies and some other agencies must identify the actual owner)Ĭontested Hearing: in Washington State this is the "trial" for civil infractions. The registered owner must declare under oath that none of the registered owners was the driving at the time. Most courts have a form to available to use. If the registered owner was not the driver when a traffic safety camera was issued, he or she can file an affidavit of non-responsibility. In speeding ticket cases this is the document contains the facts that support the charge including information concerning the identification and use of any speed measuring device.Īffidavit of Non-Responsibility: see "automated traffic safety camera" below. For the affidavit to be admissible it must be properly sworn and signed under penalty of perjury. Washington Court Infraction Rules allow an officer to testify by way of affidavit instead of actual live testimony. I f you have a question about a particular term please contact me and I will add it to the list.Īffidavit:document containing sworn testimony. Below is a list of common terms associated with traffic ticket cases. Washington drivers who challenge their traffic-camera tickets will never get the chance to confront or question the police officer who signed the written statement.Everett Traffic Tickets, How to Understand the DefinitionsĪ work in progress. That statement is later used by a Washington city as evidence against the alleged driver. After viewing a recording, the officer signs a written statement alleging that the vehicle in the recording committed a traffic infraction. The Arizona police officer, while working as an employee of the Arizona company, reviews the traffic- camera recordings. In many Washington cities, that witness actually works as a police officer in Arizona because the company who provides traffic cameras to Washington cities is located in Arizona. Unfortunately, in a traffic-camera ticket hearing, Washington drivers are not permitted to confront the witness against them. In a criminal case, a defendant is constitutionally guaranteed the right to confront and question a witness who provides testimony against him. Under Washington law, a court is required to dismiss the traffic ticket upon receipt of this document.Īnother issue with our state’s traffic camera law is the law does not allow a driver accused of a traffic-camera violation to confront the witness against them in a court of law. Drivers wrongfully accused of these violations can sign a “Declaration of Non-Responsibility” in which they deny that they were driving at the time of the alleged violation. Fortunately for drivers there is still a way to assert their innocence. First, the cameras only record the vehicle involved in the alleged infraction but do not record the driver. There are many problems with the way that Washington traffic-camera law works. Issues with Contesting a Traffic-Camera Ticket Since 2005 dozens of cities, including our largest cities of Seattle, Tacoma and Everett, have installed hundreds of these traffic cameras. In 2005 Washington State authorized cities to install traffic cameras for the stated purpose of reducing red-light violations at dangerous intersections and speeding violations in school-zones. Traffic cameras are now posted at numerous intersections and school-zones throughout the State. However, you may be subject to a maximum fine of $250. In Washington, a red light camera ticket does not appear on your record and therefore does not result in any points. The Best in Traffic, DUI and Criminal DefenseĪvailable 24/7 For a FREE Consultation (206) 729-3477 Washington red light camera tickets
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