![]() Chapters 153, 810 and 811 contain the laws that apply to most cases. Oregon Revised Statutes can be found in the courthouse law library, many public libraries, and on the Internet. Check the law you are accused of violating to make certain you understand it. Remember that the officer has the burden to prove the case you don’t have to prove anything.īefore you go to court, prepare your case. That way, the officer who wrote the ticket will be notified to be there, and the judge can hear both sides. If you can't afford an attorney, but still feel you are innocent of the traffic violation or there were unusual circumstances in your case, request a trial of your case. The pre-trial hearing generally provides an opportunity to your lawyer to negotiate or plea bargain with the prosecuting attorney. In many courts, if you plead not guilty to a misdemeanor charge, you may appear three or more times - for the arraignment, pre-trial hearings, and at the trial. If your case is a violation, you can lose the case by a default judgment and end up with a large fine. Failure to appear for any date can result in a license suspension or arrest warrant. Make sure the court and the Department of Motor Vehicles have your correct address. If you plead guilty, the judge will sentence you at the same time. At the trial, the judge will take testimony and other evidence and decide if the case can be proven. If you plead not guilty, a date will be set for your trial. In some courts, you will need to see the judge in other courts, you can get a fine reduction from the clerk. Depending on the type of charge and your driving record, you may be able to get a lower fine than the amount on your ticket. No contest is almost the same as pleading guilty. If you don’t want to fight the ticket, you can plead guilty or “no contest”. This first court appearance is usually on the front of your ticket. If you appear in person to make your plea, you are called before the judge and asked how you will plead guilty or not guilty. In most cases, your first appearance can be made by mailing your citation to the court before the court date marked on the ticket with a not guilty plea indicated. To plead not guilty to a violation, you must usually make two separate court appearances. ![]() You have the right to a jury trial and many other rights your lawyer will explain to you. If you can’t afford to hire your own, a lawyer will be appointed for you. You have the right to be represented by an attorney. ![]() If you are accused of a traffic crime you have the same rights as in any criminal case. There will be a six-person jury trial, unless you decide you don't want a jury to hear the case and are willing to let a judge decide the case. There can also be a license suspension and probation conditions. In extreme cases, DUII can be a felony as well, punishable by lengthy prison sentences and fines up to $125,000 if you have been convicted for DUIIs in the past or there are particularly bad facts involved in your case. Traffic crimes, such as DUII or Reckless Driving, are usually misdemeanors punishable by fines of up to $6,250 and up to one year in a county jail. Also, if you are charged only with a violation, you have no right to a court appointed attorney because there is no possibility of your going to jail or prison. When charged with a violation only, you have the right to a trial, but your case will be heard by a judge there is no right to a jury trial. You have fewer rights on a traffic violation than a traffic crime. Violations are not considered crimes because there is no potential jail sentence. Violations (formerly called “infractions”), are the less serious matters, such as speeding or failure to stop at a stop sign. If you are concerned about your driving record and protecting your automobile insurance, or if there are unusual circumstances (such as, you received a speeding ticket while rushing someone to the hospital) think over your decision carefully.Īll traffic charges are either violations or crimes. For this reason, many people who receive traffic tickets don't bother to contest their tickets, even though they believe a court appearance might clear their record of the violation. ![]() Traffic violations can be difficult to fight, particularly if it's your word against the word of the arresting officer. If you've received a traffic ticket that you feel you didn't deserve, you may wonder whether it's worth your time to go to court.
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