(1) A notice of traffic infraction represents a determination that an infraction has been committed. The determination will be final unless contested as provided in this chapter. (2) The form for the notice of traffic infraction shall be prescribed by rule of the supreme court and shall include the following: (a) A statement that the notice represents a determination that a traffic infraction has been committed by the person named in the notice and that the determination shall be final unless contested as provided in this chapter; (b) A statement that a traffic infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction; that the penalty for a traffic infraction related to standing, stopping, or parking may include nonrenewal of the vehicle registration; (c) A statement of the specific traffic infraction for which the notice was issued; (d) A statement of the monetary penalty established for the traffic infraction; (e)(i) A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options; (ii) One of the options must allow a person to admit responsibility for the infraction and attest that the person does not have the current ability to pay the infraction in full. The person must receive information on how to submit evidence of inability to pay, obtain a payment plan pursuant to RCW 46.63.190, and be informed that failure to pay or enter into a payment plan may result in collection action, including garnishment of wages or other assets; (f) A statement that at any hearing to contest the determination the state has the burden of proving, by a preponderance of the evidence, that the infraction was committed; and that the person may subpoena witnesses including the officer who issued the notice of infraction; (g) A statement that at any hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the infraction the person will be deemed to have committed the infraction and may not subpoena witnesses; and (h) A statement that the person must respond to the notice as provided in this chapter within 30 days or the person's driver's license or driving privilege may be suspended by the department until any penalties imposed pursuant to this chapter have been satisfied; and (i) A statement that failure to appear at a hearing requested for the purpose of contesting the determination or for the purpose of explaining mitigating circumstances may result in the suspension of the person's driver's license or driving privilege, or in the case of a standing, stopping, or parking violation, refusal of the department to renew the vehicle registration, until any penalties imposed pursuant to this chapter have been satisfied. [ 2021 c 240 s 1; 2013 c 170 s 1; 2011 c 233 s 1; 2006 c 270 s 2; 1993 c 501 s 9; 1984 c 224 s 2; 1982 1st ex.s. c 14 s 2; 1980 c 128 s 1; 1979 ex.s. c 136 s 8.]
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