Adams County - Ritzville District

		
		
                                                          LIRLJ  3.5
                                                   Hearings via Mail/E-mail

    Contested or Mitigation Hearings. Upon receipt of a request for contested or mitigation hearing (including e-
mail submissions), 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 in writing (including e-mail
submissions). Upon receipt of the completed declaration the hearing will be cancelled.  The Declaration contesting
or mitigating 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 or mitigate by mail, he or she waives the right to appeal
the court's decision to the Superior Court under IRLJ 3.5. The Court must receive declarations no later than seven
(7) days prior to the scheduled hearing time or they will not be considered.

    (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 Fees can be found on the Ritzville District Court website www.co.adams.wa.us under
Filing and Miscellaneous Fees.

    (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 another respective 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.