The prosecution has the burden to present evidence of guilt and the standard of proof to find a person committed the offense is a "Preponderance of the Evidence" (much less than "Beyond a Reasonable Doubt" standard in criminal cases).Ĭross-Jurisdictional Authority: allows a law enforcement officer to enforce laws outside his or her jurisdiction. The judge (not a jury) makes the decisions on both the admissibility of evidence and the sufficiency of evidence. The hearing is conducted pursuant to the Washington Courts Infraction Rules for Courts of Limited Jurisdiction. This is a driver\'s opportunity examine witness, present evidence and make legal arguments. While most forms are crafted to appear that you must identify the actual driver, the name of the person who was driving is not required under Washington law (exception, rental car companies and some other agencies must identify the actual owner)Ĭontested Hearing: in Washington State this is the "trial" for civil infractions. The registered owner must declare under oath that none of the registered owners was the driving at the time. Most courts have a form to available to use.
#EVERETT TRAFFIC CAMERAS DRIVER#
If the registered owner was not the driver when a traffic safety camera was issued, he or she can file an affidavit of non-responsibility. In speeding ticket cases this is the document contains the facts that support the charge including information concerning the identification and use of any speed measuring device.Īffidavit of Non-Responsibility: see "automated traffic safety camera" below. For the affidavit to be admissible it must be properly sworn and signed under penalty of perjury. Washington Court Infraction Rules allow an officer to testify by way of affidavit instead of actual live testimony. I f you have a question about a particular term please contact me and I will add it to the list.Īffidavit:document containing sworn testimony. Below is a list of common terms associated with traffic ticket cases.
#EVERETT TRAFFIC CAMERAS HOW TO#
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