Q: If you are found guilty but were never given notice or documention. Can it be dismissed for violation due process rights
I did a trial by declaration for a traffic citation in 2022 based off the court rules I was under the impression and was told if I was found guilty I would receive the notice by us mail no later then 2 weeks. I received in my mailbox just last week an order for me to appear by phone to a show cause for not paying 500 dollars to the court. When the judge called she didnt care that I didnt know I was found guilty she Said so are you going to pay it or not I told her no I want to appeal it she Said fine file whatever you want conversation is ending and hung up on me. I just got a notice from dmv saying my driving privileges are getting suspended for failure to appear for a show cause hearing.
A: Courts process a lot of traffic tickets, but no need to treat defendants gruffly. Obviously, you have stepped afoul of the Court rules regarding processing your ticket. Today most traffic tickets carry with them penalty assessments and court fees so a fine of $100 can easily reach $500. Courts mail notices to the most recent address you have on file with the DMV and there are laws requiring you to update your address within 10 days after a change. Many people forget this in the process of moving. You need to hire a traffic ticket attorney in Oregon, before a warrant for your arrest is issued, 'cause that is what is coming next.. Google traffic attorney.
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.