Mitigation vs Contested Hearing
If you have received a traffic ticket in Washington State, you may be wondering what your options are beyond simply paying the fine. In Washington, drivers have two primary choices for handling a traffic citation: a mitigation hearing or a contested hearing. Understanding the differences between these two options can help you make the best decision for your situation, whether you’re trying to reduce the fine or avoid the ticket appearing on your driving record.
What Is a Mitigation Hearing?
A mitigation hearing allows you to admit that you committed the violation but explain the circumstances to a judge in hopes of receiving a reduced fine. This option is best suited for drivers who do not wish to fight the ticket but believe they have a good reason for requesting leniency.
For example, if you were speeding due to a medical emergency, driving with an obscured traffic sign, or had an otherwise understandable reason for the infraction, the judge may consider reducing your penalty. Some drivers also request a reduction based on their previously clean driving record.
While a mitigation hearing may lower the fine, it does not remove the violation from your driving record. The ticket will still be reported to the Washington Department of Licensing (DOL), which means your insurance rates may increase. Additionally, if you accumulate multiple infractions, you may face further consequences, such as a suspended license.
A mitigation hearing is best for drivers who accept responsibility for the ticket but want to minimize the financial impact. However, if keeping the violation off your record is your priority, a contested hearing may be the better option.
What Is a Contested Hearing?
A contested hearing is for drivers who believe they did not commit the violation and want to fight the ticket in court. If you choose this option, you or your attorney will present evidence to challenge the citation. If successful, the judge may dismiss the ticket entirely, meaning you won’t have to pay a fine, and the violation won’t appear on your driving record.
There are several ways to successfully contest a traffic ticket in Washington State. Common defenses include:
- The officer made a mistake in identifying your vehicle or issuing the citation.
- The speed measurement device was not properly calibrated.
- The officer’s observations were subjective or unreliable.
- The traffic sign or signal was missing, obscured, or unclear.
- The citation process did not follow legal procedures.
If your ticket is dismissed, you avoid fines, points on your record, and potential insurance rate increases. Even if the ticket is not completely dismissed, it may be possible to negotiate for a non-moving violation, which does not impact your insurance.
A contested hearing requires more effort than a mitigation hearing, but the potential benefits are much greater. Many drivers choose to hire a traffic attorney to improve their chances of a successful challenge, as legal professionals know how to identify weaknesses in the case and argue for a dismissal or reduction.
Which Option Is Right for You?
Choosing between a mitigation and a contested hearing depends on your goals. If you acknowledge that you committed the violation but want to reduce the financial penalty, a mitigation hearing may be the best choice. However, if you believe the citation was unfair or incorrect and want to keep it off your record entirely, a contested hearing is the better option.
If you’re unsure which approach is best for your case, consulting with a traffic attorney can help. At the Law Office of Erin Bradley McAleer, we have extensive experience helping Washington drivers fight traffic infractions, from speeding and red-light violations to improper lane changes and distracted driving tickets. We can assess your case, advise you on the best course of action, and represent you in court to fight for the best possible outcome.
Get Legal Help for Your Traffic Ticket Today
Before deciding how to handle your ticket, consider all your options. Paying the fine may seem like the easiest choice, but it can have long-term consequences on your driving record and insurance. If you’ve received a traffic ticket in Washington State, contact the Law Office of Erin Bradley McAleer for a free consultation at (360) 334-6277. We can help you fight your ticket and protect your record.