Frequently Asked Questions

Read the entire front and back of your ticket. You should note that you must respond within 15 days from the date the ticket was issued. An infraction is not a criminal offense, but failure to respond can result in the suspension of your driver's license. You can respond by either mailing the ticket to the court or bringing it in person to the court office. Select one of the boxes on the ticket (payment or request for a mitigation or contested hearing) and verify your address. If you have lost your copy of the ticket, you may use the infraction response form.

A mitigation hearing is where you admit you committed the violation, but wish to explain the circumstances of the infraction and ask the Judge to consider reducing the penalty. The Judge, depending on the explanation and your record, may adjust the penalty. However, the judge will not dismiss your ticket. As the Court is required to forward all committed traffic tickets to the Department of Licensing, it will appear on your driving record.

If you would like to contest your ticket, you must mail in your ticket within 15 days and select a contested hearing. Unless you request the officer to be subpoenaed, the officer will not be present. The Judge will read the sworn statement of the officer. Then you may testify or present any evidence or witnesses that you wish. If you want to have the officer or any technician present, please advise the court clerk at the time you present your ticket or as soon as possible so the hearing can be appropriately scheduled. (Requests must be made in writing and received in the court office no later than 30 days before your hearing.)

As a result of a contested hearing, the penalty will either stay the same or the ticket will be dismissed. In the event you subpoenaed witnesses, you may be required to pay costs incurred by that party. A contested infraction hearing is a civil case and the Judge will decide the case based on the preponderance of the evidence.

You may, at your own expense, have a lawyer appear and represent you at your hearing. If you are represented by counsel, the lawyer is required to file a Notice of Appearance with the court and the Prosecutor prior to the hearing date.

You may mitigate your ticket by mail by filing out and sending in the mitigation form prior to your hearing or with your initial response to the ticket. However, you must appear in person if you would like to contest your ticket. 

You must respond to the court about whether you would like to mitigate, contest or pay your ticket within 15 days of the date that the ticket was issued. An infraction is not a crime, but failure to respond can result in your fines going to collections and the suspension of your driver's license. 

Mitigation by Mail Form (PDF)

If you have received a traffic infraction, you may be eligible for a Deferred Finding. You may qualify for a Deferred Finding under RCW 46.63.070 if you have not taken this option on a traffic ticket within the last seven years. Upon successful completion of the deferral conditions your ticket will be dismissed. You may defer only one moving infraction and one non-moving infraction every seven years.

The Judge cannot grant a Deferred Finding if you have a commercial driver's license or were operating a commercial motor vehicle at the time of the violation. The Judge also may not grant a Deferred Finding if the infraction is Negligent Driving in the Second Degree.

You must fill out and return the request for a Deferred Finding form (PDF), or request a court hearing, within 15 days from the date your ticket was issued if you want to request a Deferred Finding.

If you request a court hearing and then decide to pay the ticket, the court clerk will cancel your court hearing upon payment of the ticket or you signing a payment plan.

When you pay the penalty, mitigate, or if the Judge finds you have committed a traffic infraction at a contested hearing, the state law requires that the infraction be reported to the Department of Licensing. The infraction will then appear on your driving record. Neither the court clerk, nor the Judge, has the authority to keep the infraction off your record. If you successfully complete a deferred finding agreement or the infraction is dismissed at a contested hearing, it is not reported to the Department of Licensing and will not appear on your driving record.

Failure to pay or respond to the ticket within 15 days results in an order that the infraction was committed. If you ask for a hearing and do not appear your payment is due immediately. When an infraction is not paid in a timely manner, a hearing is missed, or you did not respond within the 15 days to request a hearing or make payment arrangements, a $52 late penalty is added to the amount shown on the ticket. Your license may be suspended if the penalty is not paid following a notice to pay the increased penalty, and the account may be assigned to a collection agency. 

Note: Driving on a suspended driver's license is a criminal offense.

If you receive a ticket for no insurance and you had insurance at the time of the ticket, you may file proof of insurance with the court clerk and pay a $25 administrative fee pursuant to RCW 46.30.020(2). The ticket and proof of insurance will then be reviewed by the judge and dismissed. It will not go on your driving record. However, you must respond within the 15 day response time.

If you did not have liability insurance at the time of the ticket, the court is still interested to know if you obtained liability insurance since that time. Provide proof of liability insurance at your mitigation hearing or with your mail mitigation request.

If you cannot pay all of your penalty at once, the court clerk will explain the process for a time payment agreement with Signal Credit Agency. If you don't pay and don't set up a time payment agreement, your account is turned over to a collection agency. Once this occurs, you will have to deal directly with the collection agency in regards to payment. Failure to pay fines can also result in the suspension of your driver's license. Driving on a suspended driver's license is a criminal offense.

Shirts and shoes are necessary and respectable clothing is recommended. Hats are to be removed upon entering the courtroom. No smoking, food or drink will be allowed. Children may be present in the courtroom, but if they disturb the proceedings you may be requested to remove them. The Court does not provide childcare.

Check in with the Clerk and Court Security Officer upon your arrival at Court. After your check-in is complete, you may then enter the courtroom. Please turn off your cell phone. Find a seat and wait until your name is called. When your name is called, come forward and be seated at the table with the defense attorney.

The arraignment is generally your first appearance in court on the citation or charge. If you were summoned to court, you will appear in person at the court. If you were arrested, you will remain at the Kitsap County Jail and will see the Judge through the jail video system.

The Judge will inform you of the charge and explain it. Next it will be confirmed that you understand your constitutional rights as explained by the document you were given when you checked in with the Court Security Officer, and finally the maximum punishment and mandatory minimum punishment, if any, will be stated. Bail and conditions of release will be discussed and set by the court. For a person charged with a non-violent offense with little to no criminal history, it is not uncommon to be released on personal recognizance ("PR") and other conditions such as a no-contact order or a requirement not to drink alcohol or use drugs. However, if the offense involves behavior that endangers others, bail and other more stringent conditions may be imposed as a condition of any release to the community.

All persons accused of any crime or traffic offense that might result in a jail sentence have the following rights:

1. To have a lawyer present with you at all hearings;
2. To have a lawyer appointed at public expense if you cannot afford to hire one to represent you.
3. To a public and speedy trial;
4. To cross-examine any witness who testifies against you;
5. To call witnesses to testify on your behalf, and have the Court compel their attendance;
6. To testify or not testify yourself; if you choose not to, no one can make you testify;
7. To appeal to Superior Court if you are convicted after a not guilty plea.

The law requires that the police impound your car when you are arrested for DUI. There are three towing companies used for impounds in Kitsap County - you must contact these companies to locate your car and pay the necessary towing fees.

• Gateway Towing 206-842-4851
• Kitsap Towing 206-842-6232
• Chico Towing 206-842-7898

If you are charged with DUI, the Judge may order you to install ignition interlock on your car as a condition of your release. Department of Licensing may also require this as a condition of getting your license back. You must use a provider that is certified in the state of Washington. The Washington State Patrol maintains a list of certified providers.

Printable Resource List including Ignition Interlock Providers - Kitsap County

It is recommended that you discuss your case with a lawyer before entering a guilty plea. The public defender will be present at the arraignment and represent all defendants for that hearing. Most defendants appearing in custody haven't had a chance to hire private council prior to arraignment. You will be given time to hire an attorney before your next hearing if you do not qualify for the public defender.

At the arraignment, ask to screen for the public defender. The Judge will request that you fill out a financial affidavit and call you up to discuss whether you qualify for appointed counsel. If the public defender is appointed to represent you, the clerk will give you a form with the address and phone number of the public defender. It is your responsibility to contact the public defender to schedule an appointment and to be available for all meetings requested by the lawyer.

At an arraignment hearing, most people charged with a criminal offense enter a not guilty plea. This allows more time to acquire an attorney, review the police reports, investigate the charge, and consider possible diversion options or sentencing recommendation of the prosecutor. Once more information is provided, a person may decide to enter a guilty plea- typically at a later pre-trial hearing.

If you plead guilty it means you admit the charge and elements to prove the charge. By pleading guilty you waive your constitutional rights and in most cases will be sentenced right then. However, you may speak on your behalf at sentencing. The Judge will then usually review the police report, if available, and sentence you.

A not guilty plea is a denial of the charge and none of your constitutional rights are waived unless you expressly wish to do so. You are presumed innocent and the prosecution must prove your guilt beyond a reasonable doubt at a subsequent trial.

After your arraignment, the next hearing will be a pre-trial hearing where the prosecutor will be present. You and your lawyer are required to be present. It is not uncommon for a defense attorney to continue this hearing once or more to allow sufficient time to investigate your case and negotiate with the prosecutor. This also allows the attorney to find out more information about possible diversion options that could help you keep the crime off of your record. At a pre-trial hearing, motions may be heard and a jury or bench trial may be set. Information about all evidence in the case and witnesses names is exchanged.

In most cases, you will not be taken directly to jail. Instead you will be given a period of time in which to complete your commitment. Jail alternatives such as electronic home detention and community service are commonly imposed instead of jail if you do not have criminal history.

If you can’t pay your fine in full at the time of the hearing you will be able to set up a payment plan. Failure to pay fines may result in late fees, a possible suspension of your driver’s license and assignment of the account to a collection agency. Review the court's information about Fines and Payment Options to learn more.

The State of Washington courts has created a helpful guide regarding this issue. You may also contact an attorney to seek advice on this topic. Please see the following resources in guiding you:

• Vacate Misdemeanor Conviction Information Packet and Motion (PDF)
• Guide to Sealing Court Records, Vacating Convictions

Bench warrant quash hearings are held on Tuesdays. Contact the court at least the day before to be confirm court is being held on the day you plan to come.  Your bench warrant quash hearing will be held on the 9 AM calendar, which typically is finished by 11 AM.

There are several alternatives to serving time in jail. In some cases, jail time may be converted into community service. You may also be allowed to serve your time on home detention. The court also utilizes technology such as a skin-alcohol monitoring ("SCRAM") device, GPS device, and drug testing to ensure that the community is protected and electronic home detention time is served appropriately.

The court allows mitigation hearings in person and by mail. You may use the Mitigation by Mail Form (PDF) to mitigate your parking ticket. If you would like to contest your ticket, you must appear in person. Review the frequently asked questions about infractions to learn more about the difference between a mitigation and contested hearing.

Be sure to bring in a copy of your employee parking pass to your hearing or send in a copy with your mitigation by mail request. The court does take into consideration the fact that you possessed an employee parking pass at the time of your ticket.

Bring in or send in a copy of your valid handicap parking pass, your handicap parking ID card, and fill out the mitigation form below explaining the circumstances. RCW 46.19.050 requires that you sign a statement that establishes that the person operating the vehicle or being transported at the time of the infraction had a valid placard, special license plate, or special year tab at the time of infraction. Assuming these requirements are met, the court will dismiss your ticket.

Mitigation by Mail Form (PDF)
Request for Hearing Form (PDF) (Parking Ticket)

Access to judicial records is governed by court rules and not the Public Records Act (PRA) under RCW 42.56. There are two types of judicial records addressed by court rules: (1) "court (or case) records" (records filed with the court in a judicial proceeding that are usually maintained by the court clerk); and (2) "administrative records" (any record pertaining to the management, supervision or administration of the judicial branch).

Access to court/case records in the municipal court is governed by the following court General Rules (GR): GR 31 (Access to Court Records), GR 15 (Destruction, Sealing and Redaction of Court Records).

Access to judicial administrative is governed by GR 31.1 (effective January 1, 2016). The judicial branch is committed to openness, transparency, and the belief that the public should have access to most court records and administrative public records. These FAQs address GR 31.1, access to judicial administrative records. For information regarding access to records contained in court case files (court or case records), please consult GR 31.

The form for requesting records from a case file is located on the court website under Records Request. It is best to request records in person from the court to make sure the clerk fully understands your request. However, you may also mail or email the records request form to the court. It is your responsibility to make sure it is properly received by the court by calling the court at 206-842-5641 to confirm.

GR 31.1 ensures the public's right to access to judicial administrative records, clarifies the responsibilities of judicial agency officials with regard to providing access to these records, and assists in identifying exceptions to public access.

Judicial administrative records in Washington State are generally accessible to the public. These records may be written or recorded information related to the management of the court, its business with the public, or the carrying out of its administrative functions. These records include copies of records made by, used by, or received by a court in connections with its administrative functions.

The form for requesting administrative records is located on the court website under Records Request. You may mail or email the request form to the court or drop it off in person during regular business hours. It is your responsibility to make sure it is properly received by the court by calling to confirm. You may contact the Court Public Records Officer at 206-842-5641.

State and federal law require judicial branch agencies and courts to keep some records confidential. Confidential records are not available to the public. Access to some records containing sensitive personal information is restricted by law to protect peoples' right to privacy and to protect them from possible harm or harassment. Records maintained or created by a judge or the judge's staff are called "chamber records" and are not subject to disclosure.

While most administrative records will be provided in their entirety, some records may contain sensitive or private information. This sensitive or private information may be removed or blocked out of a record. This is called a redaction. Examples of information that will be redacted include social security numbers, some financial information, home addresses, medical records and health care information. The request will be notified when information has been redacted from a record along with the reason for that redaction.

Administrative records are subject to a retention schedule. Most administrative records are retained for six years.

All requests to inspect or obtain administrative public records must be submitted in writing.

Please send the completed form to the Public Records Officer at the court. You must provide your legal name and physical address when you submit the request. If you need assistance due to disability, please contact the court Public Records Officer at 206-842-5641.

Within five days of receipt of your administrative records request, the court PRO will confirm that your request was received and, when possible, will estimate the time it may take to locate and send the records to you. Although the judicial branch is not penalized if confirmation is not made within the five day period, every effort is made to ensure that receipt of your request is properly confirmed. Please see the Municipal Court's Policy and Procedures (PDF) for more information.

The court is not required to create a new public record to respond to your request if the request you submitted is for a record that does not exist. If the request is not specific enough to understand, or if the request is very broad and costly, we may call or write you for clarification so that we can avoid unnecessary expenses to you and the court or judicial branch agency.

If you are notified that the record you requested cannot be disclosed or that the record you received has been redacted and you disagree with the decision, you may seek review of the decision. GR 31.1(d). There are two separate review processes to follow, internal and the external review.

1. Internal review within the court. Your case will be reviewed by the Presiding Judge of the Bainbridge Island Municipal Court. The form to submit is called Appeal Rights and Request for Internal Review. The appeal form must be submitted within 90 days of the PRO decision. The review proceeding is informal and summary. In most situations, the review proceeding shall be held within five working days of the request.
2. External review. A record requestor who disagrees with the court internal review decision may obtain further review by asking for an external review of the court's internal decision. Request for such review must made within 30 days of the internal review decision of the Presiding Judge. The requestor may choose between the two alternative external reviews:
   1. Review via civil action in Kitsap County Superior Court; or
   2. Informal review by a visiting judge or other outside decision maker.

To view original or stored paper copies of administrative public records by completing the records request form and indicating you wish to view the records in-person. You will then need to make an appointment with the Public Records Officer to view the records at the court. While there are no charges or fees associated with viewing administrative records, there may be costs associated with the research necessary to find these records. See GR 31.1(h)(4) and cost discussion below.

You will need to complete the Records Request form and note that you would like paper copies. There will be fees for copying the records or completing any extensive research related to your request, and you will be informed the amount that is due.

GR 31.1(h)(2) allows the court to recoup its cost for copying and scanning records. If extensive research (more than one hour) is required to respond to your request, there will be charges for the time involved at $30 per hour. GR 31.1(h)(4). You will be required to pay the fees in advance of research and prior to the copies being given to you. If you do not pay the amount due for records, you will not be able to obtain additional records until that debt is paid.

Fee Structure for Administrative Records (pursuant to GR 31.1, RCW 3.62.060):

• Staff Research Time: $30 per hour beyond the first hour
• Copies: $0.50 per page
• Printing of a document in an electronic format: $0.25 per page
• Documents on CD: Additional $20
• Mailing of documents / CD: Minimum of $5 - cost depends on request.
• Viewing of Records: No cost (except for any staff research time to compile request.)

The public records officer maintain records of requests and the manner in which the requests are filled.

The court cannot control the use of the public records it provides to the public and cannot be responsible for any problems that result. However, the court will not provide any administrative record if it determines that: the request was made to harass or intimidate the court or judicial agency or its employees; fulfilling the request would likely threaten the safety or security of judicial officers, staff, family members of judicial officers or staff, or any other person; or fulfilling the request may assist criminal activity. GR 31.1(c)(7).

Bench warrant quash hearings are held on Mondays and Tuesdays. Contact the court at least the day before to be confirm court is being held on the day you plan to come.  Arrive by 8:30 AM so the clerk may pull your file and prepare it for court.  Your bench warrant quash hearing will be held on the 9 AM calendar, which typically is finished by 11 AM.

Mediation is:

• An informal process where impartial mediators help people resolve a conflict
• Mediators facilitate, or guide, the conversation
• Parties talk about what is important to them in a safe setting
• A private and confidential process
• An opportunity to explore options not considered in the past
• A chance to develop realistic, workable solutions
• Clients control the outcome - reaching an agreement is voluntary

The DRC does not provide legal advice, counseling services or tell people how to resolve their conflict in mediation services.

Mediation is an excellent choice for clients who wish to have a say in the outcome of the conflict. Typical cases the DRC hearings involve;

• Divorce cases
• Modifying Parent Plans
• Neighborhood conflicts
• Commercial disputes
• Landlord / tenant disputes
• Workplace conflicts
• Contract negotiations
• Large group facilitations
• Communication agreements

The DRC office staff will be glad to help you determine if mediation is appropriate in your case. Clients that choose to use mediation still have the option of using the court system should the outcome of mediation not meet their needs. There may be some cases that are inappropriate for mediation such as cases involving domestic abuse, violent acts, or significant mental health issues.