eService Center - Administrative Office of the Courts

Are RCWs 46.20.015 (no valid driver's license) and RCW 46.30.020 (proof of insurance) subject to the public safety and education assessments (PSEA) when the infractions are either reduced or dismissed as permitted by the respective statutes?

The Legal Services unit of the Washington State Administrative Office of the Courts (AOC) has addressed this question in an AOC Legal Services Opinion.

SHORT ANSWER:
Yes to RCW 46.20.015 and No to RCW 46.30.020.  The PSEA statute is clear - Only fines, forfeitures, and penalties are subject to the PSEA.  The legislature specifically designated the reduction to $50 in RCW 46.20.015 as a penalty.  Since it is considered a penalty it is subject to PSEA assessments.  On the other hand, the $25 payment in RCW 46.30.020 is simply a cost assessment and not a penalty, fine, or forfeiture.  This reduction is not subject to PSEA.

DISCUSSION:
For a 2-1/2 page detailed discussion on this subject, please see the document attached at the bottom of this answer.

RN id: 1870