Oregon Traffic Tickets Questions & Answers

Q: I'll try making this question short and too the point without dragging on with tiny details, only facts. On Jan

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Oregon on
Answered on May 4, 2018
Jared Justice's answer
This is an incredibly frustrating situation. Unfortunately, bad advice is not a defense. However it can be incredibly mitigating.

The notice issue could possibly be a defense, but, most of the time when someone is convicted of a DUII they sign a suspension notice right there in court.

Q: Traffic Law: DUI how might i want to talk in court? how should i work on lowering my sentence.

1 Answer | Asked in DUI / DWI and Traffic Tickets for Oregon on
Answered on May 4, 2018
Jared Justice's answer
You need to speak with a DUII attorney as soon as possible. It sounds like (from your question) that you are thinking about doing this alone. You should re-think that, even if you are eligible for diversion.

Getting into diversion is not the hard part of dealing with a first time DUII (in most cases), the hard part is getting through diversion successfully. Even people with an excellent attitude, and the best intentions have problems come up during the year they are in diversion....

Q: Can i fight a one year old citation in Oregon

1 Answer | Asked in Traffic Tickets for Oregon on
Answered on Nov 11, 2017
Dale S. Gribow's answer
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...

Q: Is a 90s Chevy Suburban able to be used as an Implement of husbandry? It's used for work between two farms.

1 Answer | Asked in Personal Injury, Traffic Tickets and Car Accidents for Oregon on
Answered on Sep 11, 2017
Peter N. Munsing's answer
Let's see you want to get out of something and think a judge or cop will be really sympathetic with a stretch like this.

If you are a AAA member your motor club can at least help you with background on the definitition. Generally the laws are written that if it walks like a duck and quacks like a duck it's registered as a duck--or in your case a private passenger motor vehicle.

If you had it specially modified so as to be not able to be used on roads, that would be different....

Q: My fiance got a ticket for dws/revoked. We have option to pay fine and enter plea by mail. Would that be beneficial?

1 Answer | Asked in Traffic Tickets for Oregon on
Answered on Aug 25, 2017
Michael Hajarizadeh's answer
For traffic violations, paying a fine and entering a plea by mail is beneficial in that it allows a person to avoid appearing and waiting in court, only to pay the same amount of money that they would if they went to court.

There benefits to appearing in court and entering a plea of no contest, in that some judges will reduce the fine based on a person's driving record.

In instances where a person has no violations and would like to request a reduction in the fine, but still...

Q: In Oregon, for a trial by declaration for a traffic violation is my written declaration subject to discovery?

1 Answer | Asked in Traffic Tickets for Oregon on
Answered on Aug 25, 2017
Michael Hajarizadeh's answer
Your question is a bit ambiguous. It isn't so much a matter of discovery as it is that your declaration would be considered your testimony, and it isn't going to be hidden from the opposing party. If you are asking if you should send a copy of your declaration to the opposing side (law enforcement) for a violation trial by declaration, then the answer is no, you are only obligated to send it to the court, but the opposing party is entitled to view it. So for instance, if the citing officer...

Q: Case # type on ticket, marion county circuit court. What is the actual ticket for? Not stated on the ticket. 17CR54394

1 Answer | Asked in Traffic Tickets for Oregon on
Answered on Aug 25, 2017
Michael Hajarizadeh's answer
The number you have listed 17CR54394 looks to be a criminal case, which is a number the court assigned. The numbers on the citation are often internal numbers, think of a checkbook and your check number, a way to track things. If you want further clarification you should contact the Clerks office at Marion County Circuit Court.

The public can also try using the Oregon court's website https://webportal.courts.oregon.gov/portal/ and entering any relevant case number to find out basic...

Q: can an employer (car sharing company)make the employee pay for parking tickets or any fines associated with city driving

1 Answer | Asked in Employment Law and Traffic Tickets for Oregon on
Answered on Apr 4, 2017
Mr. Michael O. Stevens' answer
Assuming we are talking about Uber or Lyft or the like, the question is still whether or not you are an employee or independent contractor. If the later, then the contractor would be. If the former, if the ticket goes to you as an employee, then the employee likely needs to since illegal acts are not usually considered in the course and scope of employment.

Q: if court is closed for holiday n your speeding ticket says to appear yet it's closed what happens.

1 Answer | Asked in Traffic Tickets for Oregon on
Answered on Sep 8, 2016
Mr. Michael O. Stevens' answer
No hearing is held that day. Call the court or go the next day to find out when the hearing is supposed to be.

Q: Suspended license due to boyfriend driving my uninsured car without permission.

1 Answer | Asked in Car Accidents and Traffic Tickets for Oregon on
Answered on Aug 7, 2016
Peter N. Munsing's answer
This the guy who took your keys? Thought I answered that. In any event, he should ask his lawyer. I would advise you get the letter, he put you in the jam, if his sorry self is back inside you can look for someone who won't leave you high and dry.

I know, deep down inside he's a wonderful guy--only did this once before. If he's off the probation now, his writing the letter won't somehow trigger anything as there is no open file. Your bigger problem may be if there was a crash and the...

Q: Could I possibly get my citation for speeding dismissed if information on the citation is wrong? (car model, make, year)

1 Answer | Asked in Traffic Tickets for Oregon on
Answered on Jul 7, 2016
Mr. Michael O. Stevens' answer
It would still be worth fighting, mostly over the amount over, but don't hold your breath that the judge will dismiss just on the other errors.

Q: Not at fault accident, not insured in Oregon

1 Answer | Asked in Traffic Tickets for Oregon on
Answered on May 23, 2016
Mr. Michael O. Stevens' answer
Without looking, I believe there is a provision that allows you to escape any serious issues if you purchase insurance right away.

Q: If I am on benched probation and I get a ticket for driving without a license and I didn't go to court what will happen?

1 Answer | Asked in Criminal Law and Traffic Tickets for Oregon on
Answered on Mar 25, 2016
Mr. Michael O. Stevens' answer
Doesn't matter if the ticket was for speeding or anything else, you were not supposed to be driving. If you did not go to court, they will likely issue a bench warrant, and it will not look good to your PO.

Q: Do I have to pay for discovery's I request? Traffic

1 Answer | Asked in Traffic Tickets for Oregon on
Answered on Dec 5, 2012
Blake Nathaniel Dore's answer
Generally, in traffic cases you have to track down the discovery you want. With OSP, you should send a letter to their records department with a $25.00 check. That's usually their minimum fee. They will notify you if there are further fees that need to be paid. Unfortunately, OSP is extremely slow in providing discovery and your court date may come and go before you receive anything. Traffic cases can be deceptively difficult to win. You may wish to consult with or hire an attorney to help you...

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