Wash. Infraction R. Cts. Ltd. Juris. 6.7

(a) Relief from Judgment. A motion to waive or suspend a fine, or to convert a penalty to

community restitution, or to vacate a judgment is governed by CRLJ 60(b).

(b) Identity Challenge.

(1) Right Granted. In addition to the rights granted defendants pursuant to rule 6.7(a), a

defendant may move to vacate a judgment that was entered after a failure to respond to a notice

of infraction on the basis that he or she was mistakenly identified as the person who allegedly

committed the infraction.

(2) Identity Affidavit. A defendant moving to vacate a judgment for mistaken identification

shall file an affidavit or certification with the court in which the infraction was found committed

and with the office of the prosecuting authority assigned to the court stating that he or she could

not be the person identified by the citing officer as having committed the infraction, citing a

factual basis for the assertion and stating that he or she was not served with the notice of

infraction.

(3) Adjudication Pending Hearing. The court may, at its discretion, set aside the default

judgment pending the hearing.

(4) Scheduling of Hearings. An identification hearing shall be scheduled for not less than

14 days and not more than 120 days from the date an identity affidavit is filed unless otherwise

agreed by the defendant. The court shall send the defendant written notice of the time, place and

date of the hearing within 28 days of the receipt of the request for hearing.

(5) Hearing Procedure. The court may require the defendant to appear at the scheduled

hearing. At the hearing, identification may be established by methods other than direct

identification in court.

(6) Disposition. If the court determines that the named defendant was the person identified

by the citing officer as the person who committed the infraction or was served with the notice of

infraction, the infraction shall remain committed or be re-adjudicated as committed.