(1) An order entered after the receipt of a response which does not contest the determination, or after it has been established in a hearing that the civil infraction was committed, or after a hearing for the purpose of explaining mitigating circumstances is civil in nature.

(2) The Court may reduce by no more than one-third, or suspend by no more than one year, the monetary penalty prescribed for the civil infraction. If the Court determines that a person has insufficient funds to pay the monetary penalty, the Court may order performance of a number of hours of community service in lieu of a monetary penalty, at the rate of the then Washington State minimum wage per hour.