Many people do not realize that each state handles speeding and traffic tickets differently. Some states still consider some traffic tickets, such as speeding, a criminal offense. Washington State, on the other hand, began designating traffic tickets as infractions several decades ago. This classification is important for a couple of reasons.
Let’s start with the good news. Because Washington speeding tickets are no longer a criminal offense, jail time is no longer a possible punishment, only a fine. The bad news, however, is that the burden of proof for the Government has been dramatically lowered for all WA State traffic tickets. A Washington speeding ticket has a much lower burden of proof than a criminal speeding charge in a state that has not decriminalized traffic infractions.
In a criminal case, the state must prove beyond a reasonable doubt that you committed the offense. With a civil Washington state speeding or traffic infraction, the city or the county just needs to prove its case by a preponderance of the evidence, more probable than not, meaning 50.0001%.
Additionally, under WA State traffic law, the citing officer is allowed to testify through a written report. He does not have to be present at your hearing unless you specifically subpoena him to be present. In most cases, it is not in our client’s best interests to subpoena the citing officer because they will often magically remember things on the witness stand that help the state’s case. Still, we do subpoena officers in Washington State traffic cases when we believe that it will be in our client’s best interests.
Additionally, it’s important to note, however, that if you are alleged to have committed a traffic violation on federal lands, such as a National Park, Military Base, or other Federal Lands, you will probably still be charged with an actual crime because these violations have never been decriminalized. Thus, if it is alleged that you were speeding in a National Park, you should retain an experienced Washington speeding attorney to assist you in challenging your ticket.