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Brooks v. City of Seattle, 08-35526, US Court of Appeals 9th Circuit
http://www.ca9.uscourts.gov/opinions/view_subpage.php?pk_id=0000010396

The Notice of Infraction gives notice that a traffic law has been violated and requires a signature indicating, without admitting to the crime, that the recipient will respond as directed by the Notice. See Wash. Rev.

Code § 46.63.060. The Notice should be distinguished from a Citation to Appear, which is a separate document that includes the violation allegedly committed, but requires a signature promising to appear in court. See Wash. Rev. Code § 46.64.015.

There is considerable dispute as to whether the Officers gave Brooks both a Notice based upon her speeding and violation and a Citation to Appear based upon her refusal to sign the Notice.

Officer Jones maintains that he asked Brooks about both the Notice and the Citation to Appear.

Sergeant Daman claims he was also asking about both when he asked Brooks if she would sign “the ticket.” Confusing matters, the Notice and the Citation to Appear are frequently referred to by all parties interchangeably as “tickets” or “citations” even though the penalty for refusing to sign them is quite different. Nonetheless, Brooks maintains that she thought the “ticket” she was being asked to sign here was still the Notice. This panel must view the facts in the light most favorable to her and assume she did not refuse to sign the Citation to Appear.

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