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Contesting a traffic infraction in Washington requires a solid understanding of court procedures. One of the most important rules guiding these proceedings is IRLJ 3.3, which outlines the procedure at a contested hearing. This article breaks down the key components of IRLJ 3.3 and what it means for your traffic infraction case.What Is a Contested Hearing?A contested hearing is a formal court process where a driver disputes the allegations in a traffic infraction notice. Under IRLJ 3.3, the court conducts this hearing “on the record” in accordance with Washington law. The burden is on the government (the plaintiff) to prove the infraction occurred.Representation at a Contested HearingIRLJ 3.3(b) governs who may represent the parties:

  • The plaintiff (i.e., the state or municipality) must be represented by a lawyer if local court rules require it.The defendant may be represented by an attorney. If the attorney files a notice of appearance and includes a waiver of the defendant’s presence, the defendant does not need to appear in person unless otherwise required.

    • This provides flexibility, particularly for out-of-town or busy individuals who prefer legal representation.Evidence Rules ApplyIn accordance with IRLJ 3.3(c), Washington’s Rules of Evidence apply to contested infraction hearings. Importantly:

  • The court may consider the notice of infraction and any sworn officer statement in place of the officer’s in-person testimony.However, if the defendant wants the officer to appear, they can serve a subpoena in line with IRLJ 2.6(a)(2).

    • This distinction is vital—requesting the officer’s appearance can open opportunities to challenge the infraction more effectively.Court’s Factual DeterminationUnder IRLJ 3.3(d), the court must determine whether the infraction was committed based on a preponderance of the evidence—meaning it is more likely than not. If the infraction is not proven, the case is dismissed. If it is, the court enters an appropriate order.Disposition and PenaltiesFinally, IRLJ 3.3(e) addresses what happens if you’re found to have committed the infraction:

  • The court may impose a monetary penalty, but it cannot exceed the amount prescribed by law.Judges may waive or suspend part of the fine, allow payment plans, or substitute community restitution where appropriate.The court maintains jurisdiction for one year to supervise compliance with the disposition.

    • Why This MattersIRLJ 3.3 ensures procedural fairness and outlines the rights and responsibilities of each party at a contested hearing. Whether you’re self-represented or working with an attorney, understanding this rule can make a critical difference in your case outcome.Call to ActionFacing a traffic infraction in Washington? Understanding IRLJ 3.3 contested hearing procedures can protect your rights and improve your chances of a favorable outcome.Contact Blanford Law today at ken@blanfordlaw.com or 253-720-9304 for guidance on your legal matter.

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