Washington Speeding Ticket Deferral: The Deferred Finding

A deferred finding is one of the response options that follow a citation, part of how Washington traffic tickets and infraction hearings work. This article covers the deferral itself: what it does, who can ask for one, how to request it after a speeding ticket, what it costs, and what happens when the deferral period ends.

What a deferred finding does

A speeding ticket in Washington is a traffic infraction, not a crime. Under RCW 46.63.020, failing to obey a traffic law is designated a civil infraction that may not be charged as a criminal offense. When a driver is found to have committed the infraction, the court reports the disposition to the Department of Licensing, which adds it to the driving record under RCW 46.20.270.

A deferred finding interrupts that outcome. Under RCW 46.63.070(5), the court may defer entering a finding for up to one year and impose conditions during that period. If the driver meets every condition and is not found to have committed another traffic infraction before the year ends, the court may dismiss the infraction. Because no finding is entered, the ticket stays off the driving record that insurers review. The deferral is discretionary: the statute says the court “may” defer, so a judge can decline.

Who qualifies for a deferral

Eligibility is limited by how often a driver has used the option and by the type of license. RCW 46.63.070(5) allows one deferral within a seven-year period for moving violations and a separate deferral within a seven-year period for nonmoving violations. Speeding is a moving violation, so a driver who deferred another moving-violation ticket in the past seven years cannot defer a new one until that window closes.

Two groups are excluded outright. A person who holds a commercial driver’s license, or who was operating a commercial motor vehicle at the time of the violation, may not receive a deferral. A driver cited for negligent driving in the second degree with a vulnerable user victim also may not defer that infraction.

How to request a deferral after a speeding ticket

A deferred finding is available only at a hearing. RCW 46.63.070(5) authorizes deferral in the contested hearing and in the hearing to explain mitigating circumstances. A driver who simply mails in the penalty gives up the chance to ask.

1. Respond within 30 days

   RCW 46.63.070(1) requires a response within 30 days of the date on the notice of infraction. The response rules for courts of limited jurisdiction set out the options; to keep the deferral open, complete the portion of the notice that requests a hearing rather than the portion that pays the penalty.

2. Choose a contested or mitigation hearing

   The response form asks whether the driver wants a contested hearing to dispute the ticket or a mitigation hearing to explain the circumstances. Both are governed by the Infraction Rules for Courts of Limited Jurisdiction, and a deferral can be requested at either one.

3. Ask the judge for a deferred finding

   At the hearing, the driver asks the court to defer the finding. The judge decides whether to grant it, then sets the conditions and the administrative cost that apply during the deferral period.

What a deferral costs and the conditions attached

When it grants a deferral, the court may assess costs “as the court deems appropriate for administrative processing” under RCW 46.63.070(5). There is no statewide flat fee. Each district or municipal court sets its own administrative cost, so the amount charged for a deferral varies from one court to another. A driver can confirm the current figure with the court named on the notice of infraction.

The same subsection lets the court impose conditions “the court deems appropriate” for the deferral period. The condition built into the statute is that the driver commit no new traffic infraction before the year ends. A court can attach other conditions when it grants the deferral, and the driver has to satisfy all of them for the infraction to be dismissed.

What happens when the deferral period ends

There are two outcomes. If the driver completed the conditions and was not found to have committed another traffic infraction, the court may dismiss the infraction under RCW 46.63.070(5), and nothing about the ticket is reported to the Department of Licensing under RCW 46.20.270.

If a condition is broken or a new infraction occurs during the deferral, the court enters the finding, assesses the monetary penalty for the original ticket, and reports the disposition to the Department of Licensing, where it joins the driving record like any other committed infraction.