Most people think of criminal trials as heated courtroom battles full of witnesses, cross-examination, and dramatic closing arguments. But in Washington, there’s another option available in certain cases called a “stipulated facts trial.” It’s a more streamlined process, often used in DUI or traffic-related cases, where both sides agree on the facts—but leave it to the judge to decide whether those facts amount to guilt under the law.

What Is a Stipulated Facts Trial?

In a stipulated facts trial, the prosecution and defense agree in advance to the evidence the judge will consider. There are no live witnesses, and no new testimony is introduced. Instead, the judge reviews documents such as police reports, dash cam footage, blood test results, or agreed-upon written statements. The court then decides, based on this limited record, whether the legal elements of the charged offense are satisfied.

When Is This Type of Trial Used?

Stipulated facts trials are most commonly used in DUI, reckless driving, and other gross misdemeanor cases—especially when the defendant wants to preserve the right to appeal a legal issue without going through a full evidentiary trial. They’re also used when both sides agree the facts aren’t really in dispute, but the defendant believes there’s a legal argument to be made (such as a constitutional violation, faulty breath test procedure, or lack of probable cause for the stop).

Why Would Someone Choose a Stipulated Trial?

This process can be a strategic tool. For example, if a defendant is hoping to challenge a specific legal issue on appeal, going through a stipulated trial helps avoid waiving that issue. It also saves time, limits public exposure, and can reduce the stress of litigation—particularly in bench trial settings where a judge, not a jury, makes the final call. Sometimes it’s part of a negotiated plea deal or an alternative sentencing agreement.

What Are the Risks?

By agreeing to the facts, the defendant gives up the right to challenge the evidence at trial. There’s no cross-examination, no opportunity to highlight flaws in the witness testimony, and no chance to sway a jury. If the judge finds the legal elements are met, the defendant is convicted. For this reason, a stipulated facts trial should only be considered after a careful review of the police report, discovery, and potential defenses.

Considering a stipulated facts trial in a DUI or misdemeanor case? The Law Office of Erin Bradley McAleer can help you understand whether it’s the right move and how it may affect your rights. Call today for a strategic review of your case.