Mitigation or Contested Hearing on Written Statements
Chelan County District Court local rules allow you to submit a written or electronic statement in lieu of appearing in person at a mitigation or contested hearing. You are required to provide either an electronic email address or a current mailing address so the Court's response can be sent to you. If you do not provide an address, you cannot mitigate or contest your infraction by the written statement procedure. No appeal may be taken from a decision based on written statements.
Certain restrictions apply:
- By law, the Court is unable to reduce any penalty for traffic violations that occur within a school zone, construction zone or for the following violations:
- 46.55.105 (littering-abandoned vehicle)
- 46.61.210 (fail to yield to an emergency vehicle)
- 46.61.212 (approaching emergency zones)
No mitigation hearings will be set for these violations - only a contested hearing may be requested.Violations will be found committed unless the court grants a motion to dismiss or finds that the Prosecution has failed to establish that the violation was committed.
- If you have not scheduled a hearing with the Court, this form must be sent prior to midnight on the fifteenth day from the issue date on the ticket.
- If you have already received notification of a hearing date, this form must be received at least three (3) business days prior to the time of the scheduled hearing.
- If you do not want this ticket on your record, please refer to the "Traffic Infraction Deferral" portion of the District Court's website.
- Do not use this form for any purpose other than to submit a Mitigation or Contested hearing on Written Statement request.
What is a Mitigation Hearing?
A Mitigation hearing is where you admit you committed the violation, but wish to explain the circumstances of the infraction. The Court, depending on the explanation and your record, may adjust the penalty but the violation will be found committed. If it is a traffic related violation, the Court will notify the Department of Licensing of the committed finding and the violation will appear on your driving record.
What is a Contested Hearing?
A Contested hearing is where you believe you did not commit the violation. The Court will read the sworn statement of the officer and the statement you have submitted. A contested infraction hearing is a civil case and the Court will decide the case based on the preponderance of the evidence standard.
Effective September 1, 2015 (LIRLJ 3.5)