Portland, OR asked in Traffic Tickets, Civil Rights and Constitutional Law for Oregon

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.

1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Consumer Law Lawyer
  • Newport Beach, CA

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.

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