What is the difference between an infraction and a crime in Washington State?

Short Answer:  An Infraction, like speeding, allows the government to take money from you but you cannot go to jail.  With a crime, the government can take your money and put you in jail.

Longer Answer:  In many states and in the Federal system, things like speeding are crimes.  Washington State used to be that way but in 1981, we decriminalized minor traffic offenses.  This decision changed many things about how infractions, like speeding, are handled.

What this means to you:

Since infractions are not criminal, you cannot get a bench warrant or go to jail if you miss your hearing date.  However, the Court will take a default judgment against you.  This means that the ticket will be found committed and most likely reported on your driving record for the next three years.

Criminal cases are decided by the Beyond a Reasonable Doubt standard.  Infractions are civil in nature and are decided by Preponderance (more likely than not).  As a result, it became MUCH easier to prove that you committed the offense.

The Infraction Rules for Courts of Limited Jurisdiction (IRLJ) sets the rules for infraction hearings.  Under the rules, the citing officer does not have to appear in person – unless subpoenaed to be there.  The rules allow a judge to consider the officer’s sworn report.  Whether a report is ‘sworn’ is controlled by for RCW 9A.72.085, now recodified at RCW 5.50.