Q&A

What is the difference between mitigation hearing and contested hearing?

What is the difference between mitigation hearing and contested hearing?

In a mitigation hearing, the driver agrees an infraction was committed but then explains the circumstances – how and why it happened – in the hope that the judge will reduce the fine. To get a ticket dismissed, a driver should request a contested hearing to argue that the infraction didn’t occur.

What should I expect at a mitigation hearing?

At a mitigation hearing, you will admit to the judge that you did commit an infraction and attempt to explain the circumstances in order to make the judge see that you were justified in your actions.

What does mitigation hearing mean?

A mitigation hearing is where you admit you committed the violation, but wish to explain the circumstances of the infraction. To request a mitigation hearing you should check box two. The Judge, depending on the explanation and your record, may adjust the penalty.

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What is mitigating a ticket?

This is a good option if you have not had any tickets or violations in many years, or if it’s your first ticket. Mitigation is where you admit to the ticket and explain the circumstance under which you were committing the violation. Sometimes explaining the circumstances can lead the judge to have leniency with you.

How do I write a leniency letter for speeding?

Use the last paragraph to politely request leniency for the speeding offence, instead of having to pay a fine and lose demerit points. End your letter with a statement to the effect that you appreciate that any leniency you receive is a one-off, and that you will never speed again.

Can you defer a speeding ticket in Washington State?

Washington allows for one ticket deferral every seven years. A deferral (also called a deferred finding) gives you the ability to avoid having the ticket go on your record. To get a deferral you must request it from the court, pay the $150 deferral fee, and not get another ticket for a year.

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How do I seek mitigation?

Opt for Mitigation In mitigation, you plead guilty, but get to explain the circumstances that led to the ticket and ask the judge for leniency. With this option, there are no guarantees. The judge may buy your excuse and lower the fine or leave it the same.

What are examples of mitigating circumstances?

Mitigating circumstances must be relevant to why an offense was committed. Examples of mitigating circumstances include the age, history, and remorsefulness of the defendant.

What is a mitigation hearing in traffic court?

1 Mitigation Hearing. Mitigation is a fancy word for asking the judge to lower the fines (or order an alternative sentence such as traffic safety school). 2 Contested Hearing. This is your chance to fight the ticket on procedures and facts. 3 Ticket Deferral.

How do you ask for mitigation for a traffic ticket?

Many courts allow you to ask for mitigation by submitting a written statement through the mail if this is the path you choose. This is your chance to fight the ticket on procedures and facts. You will present evidence and make legal arguments in front of a judge.

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Can a speeding ticket be dismissed at a mitigation hearing?

For example, in a speeding infraction case, the driver admits to speeding but wants to explain why. It’s important to understand that even if the reason seems quite legitimate, the judge won’t dismiss the ticket at a mitigation hearing.

Should you go to court for a traffic ticket?

Depending on the traffic ticket and your driving record, no mandatory enrollment in a court-approved traffic school, saving you time and tuition costs. The negatives behind challenging traffic tickets in court include: Major time drain. Contesting a ticket requires at least two weekday court visits.