Q: Can i fight a one year old citation in Oregon
I was involved in accident in Oregon . The officer wrote me a ticket for wreck less driving warning which Idint know can it be challenged ? Now I am looking to work for different company & it's showing up on my record I am holding a Cdl license . & new company won't hire me.
A:
if the officer gave you a tix it probably was no a warning......it was a citation for a misdemeanor Reckless Driving.
as a misdemeanor it carries a potential jail sentence but handled correctly, at least in california, with a lawyer and a good excuse you would not do any jail time in most courts.
but in addition to a Reckless you also have a Bench Warrant for not showing up........that increases the severity.
in calif a lawyer might run a Serna motion for the failure of Oregon to contact you to bring you to court.......at least in Calif one could argue that though there are new cases that cut into that argument.
if you really thought it was a warning that would probably be your defense and since you were not contacted again you did not think it was anything to worry about.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
