Washington Traffic Violations

Traffic violations in Washington are offenses committed by motorists while driving on public roads. The legal framework for how motorists must operate on state roads and how traffic offenses are classified is provided in Title 46 of the Revised Code of Washington (RCW). Unless the statute states it as a criminal offense, any act prohibited by the motor vehicle code is considered an infraction.

What Is Considered a Traffic Violation in Washington?

By default, every traffic violation in Washington is treated as a traffic infraction under RCW 46.63.020. In other words, if no provision classifies a traffic offense as criminal, it is regarded as an infraction. Examples of traffic violations that are categorized as crimes include hit-and-run, reckless driving, and DUI.

Types of Traffic Violations in Washington

In Washington, traffic violations are defined in the RCW, while the penalties for these offenses are governed by Rule 6 of the Infraction Rules for Courts of Limited Jurisdiction (IRLJ). Some of the traffic violations that can result in penalties for drivers include:

• Speeding / too fast for conditions: Speeding and “too fast for conditions” are two separate offenses regulated by RCW 46.61.400. A driver can be cited for speeding if they travel faster than the posted speed limit.

On the other hand, “driving too fast for conditions” refers to operating a vehicle at a speed that is unsafe for weather, traffic, or road conditions, even if it is below the limit. According to the IRLJ, the penalty for speeding ranges from $33 to $188, depending on how many miles per hour a driver exceeds the speed limit.

• Running a red light or stop sign/disobeying devices:RCW 46.61.050 and RCW 46.61.055 require drivers and pedestrians to obey all official traffic control devices unless directed otherwise by a police officer.
• Driving without a license: According to RCW 46.20.005, operating a motor vehicle on a public highway within Washington without a valid license is a misdemeanor.
• Driving without insurance: RCW 46.30.020 is violated if a motorist drives a vehicle without proof of insurance in Washington. When requested by law enforcement, a driver should be able to provide valid insurance. Failure to do so is a traffic infraction with a base penalty of $550.
• Reckless driving: Reckless driving is an offense identified under RCW 46.61.500 as a gross misdemeanor, which involves operating a motor vehicle in a way that disregards the safety of other road users.
• Hit-and-run (attended/unattended): In Washington, these offenses are covered under RCW 46.52.020 and RCW 46.52.010. It is mandatory for a driver involved in a collision to stop immediately, provide identification, and offer reasonable assistance to injured persons.
• Failure to yield/tailgating: A driver commits failure to yield when they do not give the right of way to another vehicle or pedestrian when required by law. Additionally, it is considered a traffic infraction for a vehicle to follow another too closely in a manner that can cause a collision.
• Distracted driving (handheld devices): Under Washington's distracted driving laws (RCW 46.61.672), drivers must keep their attention on the road and avoid using handheld electronic devices.
• DUI: Washington law, through RCW 46.61.502, prohibits anyone from driving or being in physical control of a vehicle while under the influence of alcohol, drugs, or both. A motorist can face penalties if stopped and found to have a blood alcohol concentration of 0.08% or more, or a THC concentration of 5 nanograms or higher per milliliter of blood.

Traffic Violation Penalties in Washington

In Washington, traffic violations carry both a base fine and additional statutory assessments. The base fines for most civil infractions, including traffic infractions, are listed in the IRLJ. For instance, the state sets a standard fine between $33 and $188 for speeding more than 40 mph over the limit. Nevertheless, the total amount a driver must pay can be higher due to additional charges assessed by courts and local statutes.

Furthermore, Washington does not use a point system like most states in the U.S. Instead, the Department of Licensing (DOL) tracks moving violations and can suspend a driver’s license for repeat offenses. For a better understanding, a driver being pulled over by the police is referred to as a traffic stop or an occasion.

If the driver receives multiple moving violation tickets during that single stop, it is still counted as an occasion. However, the DOL will suspend the driver’s license for 60 days if they receive a ticket on three separate occasions within 12 months or four separate occasions within 24 months.

Criminal Exposure

Reckless driving – This is a gross misdemeanor that carries penalties of up to 364 days in jail, fines as high as $5,000, and mandatory license suspension. The conviction also stays on the driver’s record and can affect insurance and future licensing.

DUI: A driver arrested for DUI may have their license suspended by the DOL for 90 days to 2 years if they do not request a hearing or the hearing examiner does not decide in their favor. If convicted for DUI in court, the DOL may suspend the driver’s license for 90 days to 4 years, depending on the seriousness of the offense and prior convictions.

Hit-and-run: Leaving the scene of an accident after hitting an occupied vehicle or injuring someone is considered a gross misdemeanor punishable by a jail term of 364 days and a $5,000 fine. Nonetheless, failing to stop after damaging property is deemed a simple misdemeanor, punishable by up to 90 days in jail and a fine of $1,000. A hit-and-run that results in death or severe injury is a class B felony, carrying penalties of up to 10 years of imprisonment and a $20,000 fine.

Distracted driving (E-DUI): Distracted driving citations are usually reported to insurance companies. A first ticket for this offense costs $136, while a repeat or subsequent offense costs $234.

Insurance consequences

Washington drivers must be prepared at any time to show their auto insurance ID card to law enforcement if requested. Failing to show proof of insurance is treated as a traffic infraction, but presenting false proof of insurance is considered a misdemeanor.

How to Search for Traffic Violation Records in Washington

An abstract driving record (ADR) or motor vehicle report (MVR) can be purchased from the DOL at any driver licensing office. To make a purchase online, the requester must be a Washington resident with a registered License Express Account. Another alternative option for ordering an ADR is to fill out a driving record request form and mail it along with the $15 fee, paid by check or money order, to the DOL at the following address:

Individuals can find information about court tickets and case dockets using either local court portals or the statewide case search portal. In Washington, courts like the King County District Court and the Seattle Municipal Court have online systems where users can look up citations and submit payments. By entering a name or case number, anyone can search public information in traffic cases handled in the District and Municipal Courts through the Washington Courts Case Search.

Court Clerks maintain the official documents in traffic cases and can provide them upon request. Online indexes, on the other hand, display basic case information such as citation number, the statutes charged, hearing dates, and case disposition.

How Long Do Traffic Violations Stay on Record in Washington?

Washington State has different types of driving records for different purposes. The length of time a traffic violation stays on record depends on the type of driving record and its intended purpose:

• Insurance-purpose record – This is a version of an individual’s driving record that the DOL provides for insurance companies. It includes information on traffic violations, suspensions, and collisions that occurred over the past three years.
• Employment/full history – Traffic violations stay on a driving record provided for employment purposes for five years from the date of conviction. However, for serious offenses such as reckless driving and DUI, the conviction can remain on record for up to 10 years.