Washington Courts: Press Release Detail

Supreme Court Adjusts Base-Penalty for Traffic Infractions effective July 1, 2015

On July 1, the penalty for a traffic infraction in Washington will increase for the first time in eight years.  An inflationary adjustment recently approved by the Supreme Court will increase the maximum penalty for most infractions by $12.  This increase will be the first since 2007.

In an Order filed by the Washington Supreme Court, a majority of the court determined that the “proposed increases would aid in the prompt and orderly administration of justice” by providing dedicated funding for court technology improvements and additional funding to help cities and counties provide legal services for indigent persons.

The increase was proposed by Washington State Office of Public Defense (OPD) and the Judicial Information System Committee (JISC) and was supported by the Superior Court Judges' Association, District and Municipal Court Judges' Association, Association of Washington Cities, and the Washington State Association of Counties.

The Supreme Court has obtained jurisdiction in setting the base penalty for traffic infractions since 1981, as authorized in RCW 46.63.110(3) and RCW 2.68.040(1)(a).

There were two dissents filed with the Order.  A copy of the full order and dissents can be found here. 

“Under the current statutory framework, the Supreme Court is charged with setting the base penalty for traffic infractions.  Our decision to raise the base, which is effective July 1, was not an easy decision for the court to make.  Indeed, we believe the needs of the court system should be funded from general funds, not from penalties for traffic infractions,” said Chief Justice Barbara Madsen. 

“However, given the current framework, a majority of the court believes the modest increase is reasonable, and is less than the state’s fiscal growth factor would allow.  We will continue to work with the Legislature and local courts to take active steps to reduce the potential harmful consequences for low-income persons who are financially unable to pay.”

For example courts can, and frequently do reduce traffic fines.  IRLJ 3.4(c) establishes that courts of limited jurisdiction may waive or suspend a portion of the monetary penalty and to provide for time payments or community restitution. 

Similarly, RCW 43.63.110(6) provides that if the court determines that a person is not able to pay a monetary obligation in full, the court may implement a payment plan.  Once the person has made one payment, the court informs the Department of Licensing to rescind any license suspension. 

How does that traffic ticket break down?

Effective July 1, 2015, the Washington State Supreme Court amended Infraction Rules for Courts of Limited Jurisdiction (IRLJ) 6.2.  The amendment included a $6 inflation adjustment to base penalties for traffic and civil infractions and a $6 inflation adjustment to the JIS Assessment in accordance with RCW 2.68.040(3).

While the base penalty of $48 is set by the court, all other fines and fees that go into traffic infractions are imposed by the Washington State Legislature.  Total penalty amounts generally increased by $12 (to $136 for unlisted traffic infractions).  Penalty amounts set in statute or that have already reached the maximum $250 base penalty did not increase.

The breakdown on how total penalties are calculated is as follows:   Base penalty plus 105% for Public Safety and Education, rounded up, plus a $20 legislative assessment, plus a $5 trauma care fee, plus a $10 auto theft prevention fee, plus a $2 Traumatic Brain Injury account fee.

Example:            $48 (base penalty) + 51 (Public Safety and Education) = $99 (rounded up)

+ $20 (Legislative Assessment)

+  $ 5 (Trauma)

+ $10 (Auto Theft)

+  $ 2 (Traumatic Brain Injury)

$136