46.63.090 - Hearings -- Contesting determination that infraction committed -- Appeal. - Washington Statutes

Hearings — Contesting determination that infraction committed — Appeal.

(1) A hearing held for the purpose of contesting the determination that an infraction has been committed shall be without a jury.

     (2) The court may consider the notice of traffic infraction and any other written report made under oath submitted by the officer who issued the notice or whose written statement was the basis for the issuance of the notice in lieu of the officer's personal appearance at the hearing. The person named in the notice may subpoena witnesses, including the officer, and has the right to present evidence and examine witnesses present in court.

     (3) The burden of proof is upon the state to establish the commission of the infraction by a preponderance of the evidence.

     (4) After consideration of the evidence and argument the court shall determine whether the infraction was committed. Where it has not been established that the infraction was committed an order dismissing the notice shall be entered in the court's records. Where it has been established that the infraction was committed an appropriate order shall be entered in the court's records. A record of the court's determination and order shall be furnished to the department in accordance with RCW 46.20.270 as now or hereafter amended.

     (5) An appeal from the court's determination or order shall be to the superior court. The decision of the superior court is subject only to discretionary review pursuant to Rule 2.3 of the Rules of Appellate Procedure.

[1980 c 128 § 3; 1979 ex.s. c 136 § 11.]

Notes: Effective date -- Severability -- 1980 c 128: See notes following RCW 46.63.060.

Effective date -- Severability -- 1979 ex.s. c 136: See notes following RCW 46.63.010.