As if the new”er” law that suspends your driver’s license for having 3 tickets in one year or 4 in two years is not enough of a reason to fight every traffic ticket, the challenge to fight those infractions is getting worse!
Beginning May 1, 2026, the Kitsap County Prosecuting Attorney’s Office will no longer represent the State (meaning the law enforcement agency that issued the infraction / ticket) in Court).
When you hire an attorney to contest a speeding ticket for a hearing after May 1, present in court will be your defense attorney and the judge, not a prosecutor. Will this be awkward? Yes.
* Why is this change happening?
The Kitsap County Prosecuting Attorney’s Office cites budget cuts.
* Will things be different?
For starters, the Kitsap Deputy Prosecutors representing the state are highly skilled and trained trial attorneys. From May 1 forward, they will take no part in the contested infraction hearings. Potentially the State may lose a good percentage more tickets because the law enforcement agencies will not have an attorney to represent their side of the ticket.
* What will the effect be?
At this point it is hard to say. It somewhat depends on the position the Bench (the Kitsap County District Court Judges) wants to take. Will traffic attorneys have to litigate everything? It is unknown. One thing that won’t change is that the “rules of evidence” still apply in all contested infraction hearings.
It is our hope that the Judges will not feel compelled to act as both Judge and Prosecutor in these hearings, which would be wildly inappropriate.
If Judges begin to act as Prosecutors it will be over strenuous objection and complaint. If the Judges overstep their bounds, all infraction decisions can be appealed to Kitsap Superior Court, just like in a criminal case.
* What will happen if you subpoena a law enforcement officer to Court?
That is a great questions, and the answer is guided by court rules and procedure. Normally, when you subpoena an officer to appear, the State Attorney (or Prosecuting Attorney) will ask a series of questions that allows the officer to admit into the record the evidence from the ticket.
With no Prosecutor present, who will ask those initial, necessary questions that allow the officer to testify? You guessed it – no one.
* Are the Judges going to be happy about this change?
We are guessing, no. While infractions are just tickets, and “not a big deal,” the rules of evidence still apply. The Prosecutors will no longer be present to work out a resolution, which can quickly be entered on or off the record.
Now, with the inability to have an agreed upon resolution or amendment, the contested infraction calendars that used to last 15 minutes may run late into the evening. No judge is going to be thrilled about that. In a way, the Prosecutors are just dumping their duties into the laps of the Kitsap District Court staff and Judges.
Contact us today to fight your Kitsap County traffic ticket! (We are no longer handling traffic tickets in other counties.)
From all of us here at Witt Law Group, make sure to contest all infraction and speeding tickets moving forward!
