I get this question frequently. In some states, a traffic infraction IS a criminal offense. Some driving conduct in Washington can be charged criminally. However, in Washington, a traffic ticket is not criminal. A traffic ticket used to be considered a criminal offense in Washington – but the law changed – now, it is no longer criminal. Traffic infractions still need to be proven by the government. The standard of proof is “preponderance of the evidence” which is a lower standard and the criminal standard of beyond a reasonable doubt. “Preponderance of the evidence” is usually described as “more likely than not.” The judge only needs to find that it is more likely than not that you committed the infraction to find the infraction committed.
If you want to contest a traffic ticket you can request a contested hearing. A judge will hear your case. A judge will hear the prosecutor’s case against you. The judge will then decide whether you committed the traffic infraction or not.
It is possible to beat a traffic ticket in WA. There are a number of reason why a traffic ticket can get dismissed. The reasons vary on a case by case basis. Getting a “no insurance” ticket dismissed may require a different process than getting an “expired registration” ticket dismissed. While getting a ticket dismissed is great, avoiding getting a speeding ticket in the first place will ensure your insurance rates do not skyrocket.
If you get a speeding ticket, an HOV ticket, a work zone or construction zone ticket, no insurance ticket, speed too fast for conditions, cell phone ticket, school bus camera ticket, fail to obey traffic signal or traffic control device, or other infraction, you should contact an attorney to try to get that ticket off your record.
A traffic ticket is not a criminal offense.
You can get on a payment plan for a traffic ticket. In most cases you can pay that traffic ticket online.
Traffic Tickets Can Still Have Major Consequences
Although traffic infractions are not criminal, they can still have a significant impact on a person’s life. Let me give you a few examples:
Commercial Driver's License
First, let’s talk about commercial driver’s licenses. A serious traffic violation can result in a license suspension for a commercial driver’s license holder. Often, this means a loss of a significant amount of work and money.
Intermediate License or Learner's Permit
Second, let’s talk about the intermediate license. A traffic infraction, even a non-moving one, can result in the suspension of an intermediate license. This suspension can be for an undetermined amount of time until the license is no longer an intermediate license.
On Probation for a Criminal Offense or on Deferral for Traffic Tickets
Third, it’s important to recognize how traffic infractions can be problematic for people who are on probation – even non-moving infraction. A traffic infraction can be a probation violation in a number of different circumstances. In fact, on DUI probation some traffic infractions can lead to mandatory confinement.
Financial Pitfalls Everyone Should Be Aware of For Traffic Tickets
Fourth, and finally, everyone should recognize the financial impact a moving infraction can have. The fine itself if bad enough, but the larger consideration is increased insurance rates. Insurance companies that see a moving infraction may raise insurance rates from 10% to 15% for three years. The average person pays around $1,200 a year for car insurance. The low end, a 10% increase means paying an additional $120 a year for a total cost of $360 over three years. Furthermore, a driver could lose a “good driver discount” costing them much more in missed savings over a longer period of time (often 5 years – depending on the insurance company). Please take a look at our free insurance calculator to find the approximate cost of a moving infraction on your insurance.
Confusing Categories for Driving Offenses
Part of the reason for the confusion around whether traffic tickets are criminal offenses is that, sometimes, the same conduct can be considered a traffic infraction or a “criminal traffic offense.” One example of this is the criminal charge of Negligent Driving 1st Degree. Negligent Driving can be an infraction if it is Negligent Driving 2nd Degree. It is considered a criminal offense when it is charged as a Negligent Driving 1st Degree. Another example is Reckless Driving, which is a criminal offense, but often cited by officers when an individual has been accused of excessively bad driving.
Whether you’ve been charged with a criminal offense or a traffic infraction an attorney can help you sort out what your options are. A good attorney can make a huge difference by avoiding big fines, license suspensions, insurance rate hikes. For a criminal offense, an attorney can help you avoid and minimize jail time, probation, and other court obligations. Your attorney can help you understand all of your options and the risks associated with each course of action. Understanding all the options fully and taking your attorney’s advice will help you weigh your options accurately. This will aid you and your attorney in making the best decision for you.
Is a Traffic Ticket a Criminal Offense in Washington?
No. However, a traffic ticket can still have major impacts on your license and finances.
Is a Traffic Infraction a Criminal Offense in Washington?
No. However, a traffic ticket can still have major impacts on your license and finances.