Rule 3.5 Hearings via Mail (a) Contested Hearings. Upon receipt of a request for contested hearing, the Court shall set the matter for hearing and send the Defendant a letter and the appropriate forms. The Defendant shall return the completed declaration to the Court. Upon receipt of the completed declaration the hearing will be cancelled. The Declaration contesting an infraction must certify or declare under penalty of perjury under the laws of the State of Washington that the statement is true and correct. The Declaration must also contain a statement that if it is determined that the respondent committed the infraction, the respondent promises to pay the monetary penalty authorized by law and assessed by the court. Any witness statement submitted by the Defendant contesting the infraction must also be sworn. The Court shall review the officer's sworn statement and declarations submitted by the defendant. The examination may be held in Chambers and shall not be governed by the rules of evidence. The Court will then determine whether the plaintiff has proved by a preponderance of evidence whether it is more likely than not that the defendant has committed the infraction and render its decision and/or what penalty, if any, was imposed, by mail. If the defendant chooses to contest by mail, he or she will not be entitled to an appeal. The Court must receive declarations no later than seven (7) days prior to the scheduled hearing time or they will not be considered. DISTRICT COURT, STATE OF WASHINGTON, ADAMS COUNTY STATE OF WASHINGTON, ) CITY OF RITZVILLE, ) ) _____________________ ) DECLARATION OF: Plaintiff, ) ) Infraction No. vs. ) ) _____________________ ) Defendant. ) ________________________________ ) MY SWORN STATEMENT IS AS FOLLOWS: (Use reverse side if necessary) I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. I promise that if it is determined that I committed the infraction for which I was cited, I will pay the monetary penalty authorized by law and assessed by the Court. Dated this _____ day of _________________, 20 _____, at _________________(City), ________________(County), __________________________(State). __________________________________ Defendant (b) Mitigated Hearings. A defendant requesting a reduction of a civil infraction penalty may have such determination based on his or her prior record and/or on other relevant information available to the Court without an explanation of the event cited. If the defendant chooses a mitigation hearing by mail, he or she will not be entitled to an appeal. (c) Deferred Findings. The court may defer findings regarding traffic infractions for up to one year pursuant to RCW 46.63.070(5)(a). (1) Limit. A person may not receive more than one deferral within a seven- year period for moving violations and one deferral within a seven-year period for non-moving violations. (2) Conditions. For both moving and non-moving violations a person who is the holder of an active commercial driver's license may not receive a deferral under this section. The conditions shall include payment of an administrative fee. (3) Administrative Fee Schedule. Original Amount of infraction $1.00 - $115.00 add $25.00 $116.00 -$215.00 add $50.00 $216.00 -$315.00 add $75.00 $316.00 and up add $100.00 (4) Dismissal. After the end of the deferral period, the court will dismiss the infraction if the person has met all the conditions of the deferral and has not committed anotherrespective traffic infraction during the period. (5) A petition for a deferred finding which is denied by the Court will be treated as a request for a mitigation hearing. (6) Failure to comply with any conditions, will result in the infraction being found committed and reported to the Department of Licensing.
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