Although Tel-Law information is periodically reviewed, it is important for you to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.

If you do not have an attorney, the Oregon State Bar Lawyer Referral Service can help you. Online Lawyer Referral Service information and a fill-in form is available. Or you may contact the service by phone: The number to call from the Portland area is 503-684-3763 or toll-free from anywhere else in Oregon, 1-800-452-7636.

The following information regarding traffic tickets is brought to you as a public service by the lawyers of the State of Oregon. The material presented is general legal information intended to alert you to possible legal problems and solutions.

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 or simply pay the fine. Traffic violations can be difficult to fight, particularly if it's your word against the word of the arresting officer. 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. If you are concerned about your driving record and protecting your automobile insurance, or if there are unusual circumstances, for instance, you received a speeding ticket while rushing someone to the hospital, think over your decision carefully.

First of all, traffic violations are divided into three categories: infractions, misdemeanors, and felonies. An infraction, for example speeding or failure to stop at a stop sign, is punishable by a fine only but no imprisonment. You have the right to a trial before a judge only. You do not have the right to a jury trial.

A class A misdemeanor, the most serious misdemeanor, is punishable by a fine of up to $5,000 and up to one year in a county jail. 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.

A felony traffic crime, driving under court ordered suspension for instance, is punishable by a term in state prison. There will be a 12 person jury trial unless you choose to let the judge decide the case.

A person who is accused of a traffic crime has the same rights as any accused person. You are entitled to be represented by an attorney. If you are charged with a crime, an attorney will be appointed by the court if you cannot afford one. You have the right to a jury trial and a lawyer for all traffic crimes, including drunk driving cases. If you are charged only with an infraction, you have no right to a jury trial or a court appointed attorney because there is no possibility of your going to jail or prison. However, you may hire your own attorney.

To plead not guilty to an infraction, you must make two separate court appearances. First, there is the arraignment, which is also called the first appearance. That is the time when you are called before the judge and asked how you will plead to the charges against you, guilty or not guilty. If you plead not guilty, a date will be set for your actual trial. At the trial, the judge will take testimony and other evidence and decide your guilt or innocence. If you plead guilty, the judge will sentence you at the same time.

Keep careful track of all appearance dates. Failure to appear for any date will result in a license suspension or arrest warrant.

In many courts, if you plead not guilty to a misdemeanor charge, you may appear three or more times for the arraignment for a pre-trial hearing and at the trial. The pre-trial hearing generally provides an opportunity to negotiate or plea bargain with the prosecuting attorney.

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, insist on a trial of your case and that the prosecutor prove your guilt.

Before you go to court, prepare your case. Check the law you are accused of violating to make certain you understand it. A copy of the vehicle code will be located in the courthouse law library. If pictures will help your case, bring them to court. Bring any witnesses, especially people who were in the car with you at the time of the alleged violation.

Present your defense in as clear and simple terms as possible. Avoid legal terms you don't understand. Tell your story the way you see it. The court is usually very helpful to people without lawyers. Tell the truth and present your case carefully.

This information is from the Oregon State Bar's Tel-law service, a collection of recorded legal information messages prepared by the lawyers of Oregon. In addition to being online, the Tel-law service is accessible by telephone at 503-620-3000 or toll-free in Oregon only, 1-800-452-4776. A touch tone phone allows direct access 24 hours a day, 7 days a week. To receive a free Tel-law brochure listing the subjects available call 503-620-0222, ext. 0.