Washington Traffic Violations

Understanding traffic laws and violations in Washington State is crucial for all drivers to maintain road safety and avoid penalties. The Washington State Department of Licensing (DOL) enforces these laws. They collaborate with local and state law enforcement agencies, such as the Washington State Patrol (WSP), to maintain road safety and penalize violators.

Drivers in Washington are expected to abide by the laws outlined in the Revised Code of Washington Chapter 46.61. Each violation carries specific penalties, including fines, points on the driver's license, mandatory traffic school attendance, or even license suspension.

Maintaining a clean driving record is crucial for all motorists in Washington. To achieve this, drivers must familiarize themselves with the state's traffic laws and adhere to them diligently.

What Are the Major Traffic Violations in Washington?

Traffic violations fall into three primary categories: felonies, misdemeanors, and infractions. Each category carries different consequences and penalties, with infractions being the least severe and felonies the most.

Felony Traffic Violations in Washington

Felony traffic violations in Washington State are grave offenses that carry severe legal consequences. These violations often involve actions that result in substantial harm, serious injury, or even death. They constitute a higher degree of criminal offense than misdemeanors or infractions, leaving a lasting mark on a person's criminal record.

Examples of felony traffic violations in Washington include:

• Driving under the influence (DUI) of intoxicating liquor or drugs, especially when causing injury or death
• Felony hit-and-run incidents that involve injuries or fatalities
• Attempting to elude a pursuing police vehicle
• Vehicular homicide
• Vehicular assault resulting in severe bodily harm to another person due to reckless driving

The penalties for felony traffic violations in Washington depend on the class of felony and the date of the offense. Under the Revised Code of Washington Chapter 9A.20, felonies are categorized into three classes:

Class A Felony

This is the most serious classification, encompassing offenses such as vehicular homicide. The penalties for Class A felonies can include life imprisonment, a $50,000 fine, or both.

Class B Felony

This class includes offenses like vehicular assault. If convicted of a Class B felony, one may face up to ten years imprisonment, a $20,000 fine, or both.

Class C Felony

Offenses such as attempting to elude a pursuing police vehicle fall under this category. The penalties for Class C felonies can be up to five years imprisonment, a $10,000 fine, or both.

The specific penalties for these felony traffic violations can also vary depending on whether the offense occurred before or after July 1, 1984. For crimes committed before the said date, the penalties are slightly different:

• Class A felony: A minimum of 20 years imprisonment or a fine of up to $50,000, or both
• Class B felony: Up to 10 years imprisonment or a fine of up to $20,000, or both
• Class C felony: Up to 5 years imprisonment or a fine of up to $10,000, or both

In addition to these penalties, a conviction for a felony traffic violation in Washington can lead to a suspension or revocation of the driver's license, increased insurance premiums, and a permanent criminal record that can affect future employment and housing plans.

Misdemeanor Traffic Violations in Washington

Misdemeanor traffic violations are a more serious category of offenses than infractions, yet they are not as severe as felonies. These violations encompass a range of behaviors that endanger public safety and typically carry penalties such as fines, jail time, or both.

Common examples of misdemeanor traffic violations in Washington include the following:

• Reckless Driving: Operating a vehicle in a manner that disregards the safety of others, such as excessive speeding and ignoring traffic signals.
• Driving with a Suspended or Revoked License: Operating a vehicle when driving privileges have been temporarily or permanently removed.
• Hit and Run: Leaving the scene of an accident without stopping to provide information or aid.
• DUI: Operating a vehicle while impaired by alcohol or drugs.
• Negligent Driving in the First Degree: Operating a vehicle carelessly and inattentively to the point of causing an accident.
• Racing on Highways: Participating in unauthorized speed competitions on public roads.
• Eluding a Police Officer: Willfully failing to stop when signaled by law enforcement.

Note that other traffic-related offenses can also be classified as misdemeanors depending on the specific circumstances and the laws of Washington.

Penalties for Misdemeanor Traffic Violations

The consequences for misdemeanor traffic violations can vary significantly depending on whether it's a first-time offense or a repeat offense. A first-time offender often faces a fine of up to $1,000 and a maximum jail sentence of 90 days.

However, repeat offenses often lead to harsher penalties. For instance, reckless driving, while considered a misdemeanor, can result in a minimum jail sentence of five days for a first offense. This escalates to ten days for a second offense and 90 days for a third or subsequent offense.

Depending on the nature and frequency of their offenses, offenders may face license suspension or revocation and probation in addition to fines and jail time.

For a guideline for determining appropriate punishments, the specific penalties for misdemeanor traffic violations are detailed in the Revised Code of Washington Section 46.63.020.

Traffic Infractions in Washington

Traffic infractions are non-criminal offenses in Washington that encompass a range of minor violations. These infractions, while less severe than misdemeanors or felonies, carry penalties and can accumulate, potentially impacting a driver's license.

These are common traffic violations that can result in fines for Washington drivers:

• Speeding: Exceeding posted speed limits is a prevalent infraction in Washington.
• Failure to obey traffic control devices: This includes disregarding traffic signals, stop signs, or yield signs.
• Following too closely: Maintaining an insufficient distance between vehicles is dangerous as it increases the likelihood of collisions.
• Seat belt violations: Failing to wear seat belts is a significant safety concern. Washington law mandates the use of seat belts by all vehicle occupants.
• Driving without insurance: Operating a vehicle without proper insurance coverage is illegal.
• Illegal parking: Parking in prohibited areas, blocking traffic, or exceeding time limits in metered spaces constitutes an illegal parking infraction.

Penalties for Traffic Infractions

The penalties for traffic infractions in Washington vary depending on the violation and the driver's history. They typically include:

• Monetary fines: The amount of the fine varies depending on the nature and severity of the infraction.
• License suspension: Repeated offenses or a single major offense can result in temporary license suspension.
• Mandatory traffic school: Some traffic infractions may result in a court order to attend approved traffic schools, especially for young drivers.

How Does Washington's DMV Point System Work?

The Washington DOL does not use a point system for traffic violations. Instead, it maintains a detailed record of all traffic violations on each driver's permanent driving record. While no points are assigned, the accumulation of these infractions within a specific timeframe can have significant consequences.

Consequences for Accumulated Traffic Violations

If a driver accumulates six or more moving violations within 12 months or seven or more violations within 24 months, the DOL may suspend their license for 60 days.

Upon completion of the suspension, the driver's license is placed on probation for one year. During this probationary period, any additional moving violation will result in a 30-day suspension for each offense, and the one-year probation will restart.

It is crucial to understand that these are the initial consequences, and repeated violations can lead to more severe penalties, such as license revocation, where the DOL may prohibit the individual from driving until specific requirements are met.

Even with fewer than six violations within 12 months, a driver's license may be placed on probation if four moving violations occur within 12 months or five within 24 months.

How Long Do Traffic Violations Stay on a Washington Driving Record?

In Washington State, the duration that traffic violations remain on a driving record varies depending on the nature of the violation. Most convictions and violations stay on record for five years from the conviction or adjudication date. This includes common infractions like speeding tickets, running red lights, or failing to yield.

However, certain serious offenses, such as alcohol-related convictions and vehicular assault/homicide convictions, remain on the driving record permanently.

Understanding how long traffic violations remain on a Washington driving record allows drivers to anticipate potential impacts on insurance rates or employment opportunities.

To obtain a copy of a driving record, individuals can request their record online through License eXpress, which takes approximately 24 hours and costs $13. Alternatively, they can mail a completed Driving Record Request Form to the DOL, which takes 10 to 14 days for processing. For mail requests, the $13 fee must be paid by check or money order made out to the DOL.

Individuals ordering another person's driving record can also utilize these methods, and the fee remains the same. However, for the online option, they will need to create a business account. Regardless of the method used, the DOL strictly safeguards the confidentiality of all driving records, ensuring access is limited to authorized parties only.

What Is the Process for Handling Traffic Tickets in Washington?

When a driver receives a traffic ticket in Washington State, it is important to understand the process and the available options. The ticket provides crucial information, including the specific traffic violation, the corresponding fine, and the response deadline. This information allows drivers to make informed choices and take the necessary steps.

Upon receiving a traffic ticket in Washington, a 15-day window opens for responding. This can be done by paying the fine, requesting a mitigation hearing, or requesting a contested hearing.

Paying the Traffic Ticket

Payment of the fine serves as an admission of guilt. This can be done online via the website of the relevant county's court or the Washington State DOL. For example, Seattle Municipal Court offers online payment, which requires a citation or case number.

Alternatively, payment can be made in person at the court. Resolving the immediate issue will lead to the infraction being reported to the DOL and could potentially impact both driving records and insurance premiums.

Requesting a Mitigation Hearing

Requesting a mitigation hearing offers a chance to admit guilt while explaining the situation to the court. The judge holds the discretion to reduce the fine based on this explanation. However, the ticket will remain on record, a factor that may influence insurance rates.

Requesting a Contested Hearing

For those who believe they are not guilty, requesting a contested hearing provides an opportunity to present their case in court. A finding of not guilty leads to the dismissal of the ticket. However, a guilty verdict results in responsibility for the fine and the addition of the ticket to the driving record.

If contesting the ticket, preparation becomes key. Gathering any available evidence, such as photographs, videos, or witness statements, can bolster the case. Researching relevant laws and court rulings can also provide valuable insights. In some cases, seeking legal representation may be beneficial.

Traffic Ticket Deferral

Traffic ticket deferral in Washington is a possibility under specific circumstances. This legal provision allows individuals to keep their driving records clear if certain requirements are met. Typically, these requirements involve paying an administrative fee and avoiding any further traffic violations within a specified period.

This deferral period can range from several months to a year, depending on the nature of the infraction and the court's discretion.

For instance, in Douglas County, individuals may be eligible to defer one moving and one non-moving violation every seven years. To complete a deferral, the driver must pay an administrative fee and remain violation-free for one year. This means the court will not report the ticket to the DOL.

Note that not everyone qualifies. If a driver has entered a deferral program within the past seven years, holds an intermediate license, possesses a commercial driver's license (active or inactive), or was cited while driving a vehicle requiring a CDL endorsement, they are ineligible.

Those seeking deferral should consult with the court or an attorney to understand the specific requirements and process.

How Are Accident Reports Handled in Washington?

In Washington State, when a law enforcement officer responds to an accident scene, their initial actions involve conducting a preliminary investigation and documenting their findings in an official Accident Report.

Accident reports generally contain essential details such as:

• Date and time of the accident
• Location
• Identification of involved parties and vehicles
• Witness information
• Descriptions of damage and injuries
• Any observed traffic violations

Additionally, the reporting officer may provide their professional opinion on the cause of the accident and assign fault if applicable.

For accidents involving bodily injury or property damage exceeding $1,000, certain details are added to the driving records of all parties involved. This includes:

• The collision date
• The number of vehicles
• The occurrence of injuries or fatalities
• Whether the vehicles were moving
• The accident report number

Note that this information indicates involvement in a collision, not the assignment of fault.

If uncompensated damages result from a collision with an uninsured driver, individuals can report the incident to the Washington State DOL by completing a Motor Vehicle Claim for Damages form within 180 days of the collision.

The handling of accident reports is a multifaceted process that prioritizes accuracy and efficiency. The reporting procedure remains straightforward and consistent regardless of whether a law enforcement officer is present.

Reporting Accidents With Law Enforcement Presence

When a law enforcement officer investigates a collision, they take on the responsibility of filing the accident report. This eliminates the need for drivers to submit individual reports.

Reporting Accidents Without Law Enforcement Presence

If no law enforcement officer is present at the scene, each driver involved must file a report within four days of the collision. This can be done online through the Washington State DOL's website or by obtaining a collision report form from the local police department, county sheriff's office, or Washington State Patrol district office.

How To Get a Copy of an Accident Report in Washington?

Individuals seeking copies of collision reports filed in Washington State have a few options to obtain them from the WA State Patrol.

The WSP's Requests for Electronic Collision Records (WRECR) system allows for online requests. After accessing the WRECR page, individuals can enter the involved party's name(s) and the date of the collision and initiate a search. If a matching report is found, it will be displayed and can be obtained for $10.50.

Alternatively, a completed Request for Copy of Collision Report Form can be mailed to:

Note that reports may take 2-4 weeks to become available. Individuals classified as entitled parties will receive non-redacted copies, while others will receive redacted versions per the RCW 42.56 Public Records Act.

What Should Drivers Know about Traffic-Related Arrests in Washington?

In Washington State, traffic-related arrests can occur for various reasons. Minor offenses, like speeding or running a red light, typically result in a ticket and a fine. However, more serious offenses, such as reckless driving, DUI, or driving with a suspended license, can result in arrest.

Additionally, drivers with outstanding warrants for unpaid tickets or failure to appear in court can be arrested during a traffic stop. Even refusing to sign a traffic infraction ticket, which is a promise to appear in court, can also lead to arrest.

Upon arrest, individuals are informed of their Miranda rights, including the right to remain silent and the right to an attorney.

The arrest process typically involves transportation to a local precinct or detention facility for processing, which may include fingerprinting, photographing, and potential chemical testing via breathalyzer or blood draw if DUI is suspected. Drivers are usually held until sober or bail is posted, depending on the specific circumstances of the offense.

Following the release, seeking legal counsel promptly is strongly recommended. A mandatory court appearance will be scheduled, during which individuals may be presented with options like challenging the charges, negotiating plea bargains, or admitting responsibility for the offense.

Individuals can use the Find My Court Date feature on the Washington Courts website to determine their court appearance date and utilize the Court Directory Search to find information on how to contact the relevant court.