Receiving an infraction may be an upsetting experience. We hope this brochure will be of help in guiding you through the court system and taking some of the mystery out of the procedures. We have tried to anticipate your questions and answer those most frequently asked. If you have any questions that were not answered in this brochure, please ask a staff member. Please refer to the infraction number at the top right corner of your citation when you phone, write, or come into our office about your citation. Our office is located at 109 SW 1st Street, Battle Ground, Washington 98604. Office hours are 8:00 a.m. to 5:00 p.m. weekdays. Phones are not answered during any court proceedings, which are held each Thursday, but walk-ins are welcome during such time.

What is an infraction?

Infractions are tickets issued by local law enforcement agencies for minor, non-criminal offenses, and are treated as civil cases. The judge may impose a penalty, but may not commit you to jail.

 

What must I do if I receive an infraction?

Begin by reading the entire back side of your notice of infraction (ticket). Notice there are three boxes, or choices. It is important that you respond in one of those three ways within fifteen (15) days of the date the infraction was issued or an additional penalty of $52 will be added. An infraction is not a crime, but failure to respond could result in the suspension of your driving privileges. You can respond by checking the appropriate box, and either mailing your copy of the ticket or bringing it to the Battle Ground Municipal Court office. Be sure to verify that your mailing address is written correctly on the back of the ticket.

 

How do I pay a fine?

Payment may be brought to our office during business hours, or you can mail your copy of the ticket and enclose your check or money order. Please write your ticket number on the check - payable to Battle Ground Court. If your check is returned for any reason by your bank, your case will be re-opened, a $25 returned check fee will be added, and a hold will be put on your driver's license.

 

What is a mitigation hearing?

A mitigation hearing is an informal proceeding where the judge listens to your explanation of the circumstances surrounding the commission of your infraction. If you check box two (2), you are admitting you committed the violation. The court will send you notice of a hearing date by mail. Mitigation hearings are held on Thursdays with a check in time of 1:15 p.m. At the hearing, the judge may adjust the penalty depending on the explanation and your record. You may bring an attorney at your own expense. You may ask witnesses to attend, but cannot require them to do so. The judge will not dismiss the infraction and moving violations will appear on your driving record. You will be required to pay the penalty at the end of your hearing or sign a Penalty Payment Agreement which promises that you will make monthly payments of a specified amount. Citations issued for "Speeding in a School Zone", "Speeding in a Construction Zone", or "Passing a School Bus with Red Lights Flashing" cannot be mitigated or deferred and must either be paid or contested.

 

What is a contested hearing?

If you believe you did not commit the infraction, you may select box three (3) to request a contested hearing. Contested hearings are held at 2:00 p.m. on Thursdays at the Battle Ground Municipal Court. At the hearing, the judge will read the sworn statement of the officer, unless you have requested the officer to be present. If you wish to have witnesses appear and testify at the hearing, you will be responsible for having those witnesses present, and obtaining and processing any subpoenas yourself. After hearing the testimony and reviewing the evidence, the judge will enter a decision in the case. If the judge finds you did not commit the infraction, it will be dismissed. If the judge finds you did commit the infraction, the penalty may be the same or reduced. Any penalties will be due following the hearing.

 

May I have a lawyer?

You may, at your own expense, have a lawyer appear and represent you at the hearing. Since your infraction is not a criminal matter, you are not entitled to a court-appointed attorney.

 

Is there a right to appeal?

If you are found to have committed the infraction at your contested hearing, you have the right to appeal the judge's decision in the Superior Court of Clark County. The notice of appeal must be filed in the Municipal Court within 30 days of the judgment. There will be various appeal costs, including a $110.00 filing fee, which must be paid when you file your appeal. If you appeal, your case will be reviewed by the Superior Court for errors in matters of law, but there will not be a new trial.

 

What if I do not pay?

If you do not pay, the court will add a $52 penalty and notify the Department of Licensing, which may result in a suspension of your driving privileges. In addition, the court refers all cases that are past due to a collection agency. Once a case goes to collection, you can no longer pay at our office. Since substantial fees and interest are added, we urge you to be prompt in your payment.

 

Questions?

Our goal is to be helpful and responsive to the public. Please call our office at (360) 342-5150 if you have questions we have not answered in this brochure. Our office hours are from 8 a.m. to 5 p.m. but phones are not answered during court proceedings, which are held on each Thursday.

• Be sure to read your hearing notice when you receive it as it contains more information that may be important to you.
• NO hats, gum, food, drink, or weapons are allowed in courtroom.
• Turn cellular phones and pagers off.
• Talking is permitted only by the judge, those whose case is being heard, and court personnel. Children must be quiet and well behaved.