Wash. Rev. Code » Title 46 · Chapter 46.63
Revised Code of Washington

Wash. Rev. Code § 46.63.070 (2026)

✓ current as of May 2026
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(1) Any person who receives a notice of traffic infraction shall respond to such notice as provided in this section within 30 days of the date of the notice.
(2) If the person determined to have committed the infraction does not contest the determination the person shall respond by completing the appropriate portion of the notice of infraction and submitting it, either by mail or in person, to the court specified on the notice. A check or money order in the amount of the penalty prescribed for the infraction must be submitted with the response, unless the person selects the option attesting that the person does not have the current ability to pay the infraction in full. When a response which does not contest the determination is received, an appropriate order shall be entered in the court's records, and a record of the response and order shall be furnished to the department in accordance with RCW 46.20.270.
(3) If the person determined to have committed the infraction wishes to contest the determination the person shall respond by completing the portion of the notice of infraction requesting a hearing and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be sooner than seven days from the date of the notice, except by agreement.
(4) If the person determined to have committed the infraction does not contest the determination but wishes to explain mitigating circumstances surrounding the infraction the person shall respond by completing the portion of the notice of infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing.
(5)(a) Except as provided in (b), (c), and (d) of this subsection, in hearings conducted pursuant to subsections (3) and (4) of this section, the court may defer findings, or in a hearing to explain mitigating circumstances may defer entry of its order, for up to one year and impose conditions upon the defendant the court deems appropriate. Upon deferring findings, the court may assess costs as the court deems appropriate for administrative processing. If at the end of the deferral period the defendant has met all conditions and has not been determined to have committed another traffic infraction, the court may dismiss the infraction.
(b) A person may not receive more than one deferral within a seven-year period for traffic infractions for moving violations and more than one deferral within a seven-year period for traffic infractions for nonmoving violations.
(c) A person who is the holder of a commercial driver's license or who was operating a commercial motor vehicle at the time of the violation may not receive a deferral under this section.
(d) A person who commits negligent driving in the second degree with a vulnerable user victim may not receive a deferral for this infraction under this section.
(6) If any person issued a notice of traffic infraction:
(a) Fails to respond to the notice of traffic infraction as provided in subsection (2) of this section; or
(b) Fails to appear at a hearing requested pursuant to subsection (3) or (4) of this section;
the court shall enter an appropriate order assessing the monetary penalty prescribed for the traffic infraction and any other penalty authorized by this chapter and shall notify the department in accordance with RCW 46.20.270, of the failure to respond to the notice of infraction or to appear at a requested hearing.
[ 2021 c 240 s 2; 2011 c 372 s 3; 2006 c 327 s 7; 2004 c 187 s 10; 2000 c 110 s 1; 1993 c 501 s 10; 1984 c 224 s 3; 1982 1st ex.s. c 14 s 3; 1980 c 128 s 2; 1979 ex.s. c 136 s 9.]

Notes:

Effective date—2021 c 240: See note following RCW 46.63.060.
Application—Effective date—2011 c 372: See notes following RCW 46.61.526.
Effective date—2004 c 187 ss 1, 5, 7, 8, and 10: See note following RCW 46.20.308.
Severability—Effective date—1984 c 224: See notes following RCW 46.16A.120.
Effective date—Severability—1982 1st ex.s. c 14: See notes following RCW 46.63.060.
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.
Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1988–2022 · leading case: State v. Johnson, 315 P.3d 1090 (Wash. 2014).
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State v. Johnson, 315 P.3d 1090 (Wash. 2014). · cites it 8× “RCW 46.63.070(2). *561 o The cited person may contest the infraction by notifying the court and requesting a hearing.”
Williams v. City of Spokane, 505 P.3d 91 (Wash. 2022). · cites it 3× “RCW 46.63.070(1); IRLJ 2.4(a). If they do not want to contest the infraction, the person must respond by paying the fine “to the court specified on the notice,” in which case “an appropriate order shall be entered in the court’s records.”
State v. Farr-Lenzini, 970 P.2d 313 (Wash. Ct. App. 1999). “63 was to decriminalize certain traffic offenses “to promote the public safety and welfare on public highways and to facilitate the implementation of a uniform and expeditious system for the disposition of traffic infractions.” RCW 46.63.010. A person cited for an infraction can…”
In Re Games, 213 B.R. 773 (Bankr. E.D. Wash. 1997). “289; and RCW 46.63.070(2) & (5). Revocation of driving privileges under these provisions would be stayed upon filing of a bankruptcy case by the subject driver if that revocation constituted collection efforts as opposed to continuation of a criminal proceeding against the…”
State v. Magee, 180 P.3d 824 (Wash. Ct. App. 2008). · cites it 5× “¶ 20 After we filed this opinion, however, we discovered that, although the legislature clearly restated its disapproval of this practice in criminal prosecutions, [7] it did not *829 repeal RCW 46.63.070, which allows the trial court adjudicating a civil infraction to employ…”
State v. Magee, 143 Wash. App. 698 (Wash. Ct. App. 2008). · cites it 5× “¶20 After we filed this opinion, however, we discovered that, although the legislature clearly restated its disapproval of this practice in criminal prosecutions, 7 it did not repeal RCW 46.63.070, which allows the trial court adjudicating a civil infraction to employ such…”
Burman v. State, 749 P.2d 708 (Wash. Ct. App. 1988). · cites it 2× “In October 1982, the trial court granted partial summary judgment in Burman's favor and held that the statutory assessments (criminal justice training assessment, traffic safety education assessment, general fund fee) were not applicable to the $25 late penalty, and that the…”
State v. Johnson (Wash. 2014). · cites it 6× “RCW 46.63.070(2). 2 State v. Johnson (Stephen Chriss) Wiggins, J.”
Stephen Johnson v. Dept. Of Licensing (Wash. Ct. App. 2016). · cites it 2× “The department shall suspend all driving privileges of a person when the department receives notice from a court under RCW 46.63.070(6), 46.63.110(6). or 46.64.”
Chris Williams v. City of Spokane (Wash. Ct. App. 2020). “RCW 46.63.070(3) provides in part: If the person determined to have committed the infraction wishes to contest the determination the person shall respond by completing the portion of the notice of infraction requesting a hearing and submitting it, either by mail or in person, to…”
Dejeu v. Lewis Cnty. (W.D. Wash. 2020). “Defendants represent that Dejeu 14 did not properly respond within fifteen days to the notice of traffic infractions as required 15 under RCW 46.63.070. Dkt. 8. 16 Dejeu received a notice on January 29, 2019 that he had failed to respond to the 17 notice of infraction within…”
City of Lakewood v. Cheng, 279 P.3d 914 (Wash. Ct. App. 2012). “See RCW 46.63.070(5) (allowing deferral of findings).”
— Wash. Rev. Code § 46.63.070(1) — 1 case
Williams v. City of Spokane, 505 P.3d 91 (Wash. 2022). “RCW 46.63.070(1); IRLJ 2.4(a). If they do not want to contest the infraction, the person must respond by paying the fine “to the court specified on the notice,” in which case “an appropriate order shall be entered in the court’s records.”
— Wash. Rev. Code § 46.63.070(2) — 4 cases
State v. Johnson, 315 P.3d 1090 (Wash. 2014). “RCW 46.63.070(2). *561 o The cited person may contest the infraction by notifying the court and requesting a hearing.”
Williams v. City of Spokane, 505 P.3d 91 (Wash. 2022). “RCW 46.63.070(1); IRLJ 2.4(a). If they do not want to contest the infraction, the person must respond by paying the fine “to the court specified on the notice,” in which case “an appropriate order shall be entered in the court’s records.”
In Re Games, 213 B.R. 773 (Bankr. E.D. Wash. 1997). “289; and RCW 46.63.070(2) & (5). Revocation of driving privileges under these provisions would be stayed upon filing of a bankruptcy case by the subject driver if that revocation constituted collection efforts as opposed to continuation of a criminal proceeding against the…”
State v. Johnson (Wash. 2014). “RCW 46.63.070(2). 2 State v. Johnson (Stephen Chriss) Wiggins, J.”
— Wash. Rev. Code § 46.63.070(3) — 3 cases
State v. Johnson, 315 P.3d 1090 (Wash. 2014). “RCW 46.63.070(2). *561 o The cited person may contest the infraction by notifying the court and requesting a hearing.”
Williams v. City of Spokane, 505 P.3d 91 (Wash. 2022). “RCW 46.63.070(1); IRLJ 2.4(a). If they do not want to contest the infraction, the person must respond by paying the fine “to the court specified on the notice,” in which case “an appropriate order shall be entered in the court’s records.”
Chris Williams v. City of Spokane (Wash. Ct. App. 2020). “RCW 46.63.070(3) provides in part: If the person determined to have committed the infraction wishes to contest the determination the person shall respond by completing the portion of the notice of infraction requesting a hearing and submitting it, either by mail or in person, to…”
— Wash. Rev. Code § 46.63.070(4) — 1 case
State v. Johnson, 315 P.3d 1090 (Wash. 2014). “RCW 46.63.070(2). *561 o The cited person may contest the infraction by notifying the court and requesting a hearing.”
— Wash. Rev. Code § 46.63.070(5) — 2 cases
Burman v. State, 749 P.2d 708 (Wash. Ct. App. 1988). “In October 1982, the trial court granted partial summary judgment in Burman's favor and held that the statutory assessments (criminal justice training assessment, traffic safety education assessment, general fund fee) were not applicable to the $25 late penalty, and that the…”
City of Lakewood v. Cheng, 279 P.3d 914 (Wash. Ct. App. 2012). “See RCW 46.63.070(5) (allowing deferral of findings).”
— Wash. Rev. Code § 46.63.070(5)(a) — 2 cases
State v. Magee, 180 P.3d 824 (Wash. Ct. App. 2008). “¶ 20 After we filed this opinion, however, we discovered that, although the legislature clearly restated its disapproval of this practice in criminal prosecutions, [7] it did not *829 repeal RCW 46.63.070, which allows the trial court adjudicating a civil infraction to employ…”
State v. Magee, 143 Wash. App. 698 (Wash. Ct. App. 2008). “¶20 After we filed this opinion, however, we discovered that, although the legislature clearly restated its disapproval of this practice in criminal prosecutions, 7 it did not repeal RCW 46.63.070, which allows the trial court adjudicating a civil infraction to employ such…”
— Wash. Rev. Code § 46.63.070(6) — 3 cases
State v. Johnson, 315 P.3d 1090 (Wash. 2014). “RCW 46.63.070(2). *561 o The cited person may contest the infraction by notifying the court and requesting a hearing.”
Stephen Johnson v. Dept. Of Licensing (Wash. Ct. App. 2016). “The department shall suspend all driving privileges of a person when the department receives notice from a court under RCW 46.63.070(6), 46.63.110(6). or 46.64.”
State v. Johnson (Wash. 2014). “RCW 46.63.070(2). 2 State v. Johnson (Stephen Chriss) Wiggins, J.”
— Wash. Rev. Code § 46.63.070(6)(b) — 2 cases
State v. Johnson, 315 P.3d 1090 (Wash. 2014). “RCW 46.63.070(2). *561 o The cited person may contest the infraction by notifying the court and requesting a hearing.”
State v. Johnson (Wash. 2014). “RCW 46.63.070(2). 2 State v. Johnson (Stephen Chriss) Wiggins, J.”
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