If you believe you did not commit the infraction then you should select the contested hearing option. Unless you request that the citing officer be subpoenaed, the procedure at hearing will be for the judge to read the sworn statement of the officer. You then will have the opportunity to testify and present any evidence or witnesses you wish. Infraction hearings are governed by the Infraction Rules for Courts of Limited Jurisdiction (IRLJ).
You are entitled to a list of witnesses the plaintiff intends to call at the hearing and a copy of the citing officer’s sworn statement if it will be offered into evidence at the hearing. If you wish to obtain a copy of the officer’s statement and plaintiff’s list of witnesses, you must file a written demand with the prosecuting attorney at least 14 days before the scheduled hearing.
For Pend Oreille County Infractions-Pend Oreille County Prosecuting Attorney, P.O. Box 5070 Newport, Washington 99156 (509-447-4414 fax: 509-4470235)
For City of Newport Infractions-Newport City Prosecutor Josh Maurer, 1604 W. Dean, Spokane, WA 99201 (509-838-9111)
If you wish to have the citing officer and any other witnesses present for your hearing, you must serve a subpoena upon the officer and/or witness. Call the District Court for more information.
The infraction will be reported to the Department of Licensing if you pay the penalty, mitigate, or if the judge finds the infraction to be committed. The infraction will then appear on your driving record. If you prevail at the contested hearing, the infraction is not reported to the Department of Licensing and will not appear on your driving record.
APPEAL If the infraction is found committed at a contested hearing, you have the right to appeal to the Pend Oreille County Superior Court. The notice of appeal must be filed within 30 days of the judgment. There will be various appeal costs, payable in advance, including a $230 Superior Court filing fee and an appeal bond in the amount of the infraction. If you appeal, the Superior Court will review the record that was made at the District Court, but there will not be a new trial. For more information on appeal call the District Court at 509-447-4110 or 1-800-359-1506.
You may not appeal an infraction once you have mitigated or deferred that infraction. You may appeal a finding of committed after a contested hearing.