7.80.050 - Notice of infraction -- Issuance, service, filing. - Washington Statutes

Notice of infraction — Issuance, service, filing.

(1) A civil infraction proceeding is initiated by the issuance, service, and filing of a notice of civil infraction.

     (2) A notice of civil infraction may be issued by an enforcement officer when the civil infraction occurs in the officer's presence.

     (3) A court may issue a notice of civil infraction if an enforcement officer files with the court a written statement that the civil infraction was committed in the officer's presence or that the officer has reasonable cause to believe that a civil infraction was committed.

     (4) Service of a notice of civil infraction issued under subsection (2) or (3) of this section shall be as provided by court rule. Until such a rule is adopted, service shall be as provided in *JTIR 2.2(c)(1) and (3), as applicable.

     (5) A notice of infraction shall be filed with a court having jurisdiction within forty-eight hours of issuance, excluding Saturdays, Sundays, and holidays. A notice of infraction not filed within the time limits prescribed in this section may be dismissed without prejudice.

[1987 c 456 § 13.]

Notes: *Reviser's note: The Justice Court Traffic Infraction Rules (JTIR) were replaced by the Infraction Rules for Courts of Limited Jurisdiction (IRLJ), effective September 1, 1992.