Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 2011 NO. 1 >

RCW 46.61.440(3), which requires doubling the monetary penalties in a school or play-ground speed zone, applies to infractions committed in violation of both RCW 46.61.440(1) and RCW 46.61.440(2).

AGO 2003 NO. 3 >

The recipient of a “notice of traffic infraction” under RCW 46.63 or a “traffic citation and notice to appear” under RCW 46.64 must be served with a notice or citation that bears his or her signature, assuming the person signed the document.

AGO 1981 NO. 4 >

RCW 43.63.040 [46.63.040] does not vest a municipal or police court with jurisdiction over a traffic infraction based on an alleged violation of state law‑-as distinguished from one involving a local, municipal ordinance; therefore, such a court does not have exclusive, or even concurrent, jurisdiction over a traffic infraction case which is so based, even in the absence of a contract with the county to have those traffic infractions committed within the city or town adjudicated by a district court.

AGO 1993 NO. 9 >

1.  RCW 46.83.050 provides when a court finds that a person has committed a traffic infraction, the person may be required to attend a traffic school as part of the sentence imposed or as a condition for suspension or deferral of the sentence.  However, the court does not have the authority to defer making a finding that a traffic infraction has been committed and then order the person to attend traffic school as a condition of dismissing the charge. 2.  RCW 46.63.151 provides no costs may be awarded to either party in a traffic infraction case, except for certain costs related to failure to provide proof of financial responsibility pursuant to RCW 46.30.020(2).  A court cannot require the payment of costs as a condition of dismissing a traffic infraction charge. 3.  If a court enters a finding that a person has committed a traffic infraction, RCW 46.20.270(2) requires the court to forward an abstract of that finding to the Department of Licensing.  RCW 46.52.120(1) requires the Department to keep this record, and RCW 46.52.130 authorizes the Department to furnish this record to certain insurance carriers.  If the court does not enter a finding that a traffic infraction has been committed, there is no requirement to furnish any information to the Department.

AGO 1991 NO. 12 >

RCW 3.50.030 and 3.30.090 provide for the establishment of violations bureaus to assist in the processing of traffic infraction cases.  A traffic violations bureau does not have the authority to enter default judgments or assess penalties, when a person who is issued a notice of traffic infraction fails to respond.  In addition, a court cannot delegate these judicial functions to a nonjudicial agency such as a traffic violations bureau.