It is important 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'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 (such as, you received a speeding ticket while rushing
someone to the hospital); think over your decision carefully.
All traffic charges are either violations or crimes.
Violations (formerly called “infractions”), are the less
serious matters, such as speeding or failure to stop at a stop sign.
Violations are not considered crimes because there is no potential
jail sentence. You have fewer rights on a traffic violation than a
traffic crime. 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. 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. However, you may hire your own attorney.
Traffic crimes, such as DUII or Reckless Driving, are misdemeanors
punishable by fines of up to $6,250 and up to one year in a county
jail. There can also be a license suspension and probation conditions.
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. If you are accused of a traffic crime you have the same rights
as in any criminal case. You have the right to be represented by an
attorney. If you can’t afford to hire your own, a lawyer will
be appointed for you. You have the right to a jury trial and many other
rights your lawyer will explain to you.
To plead not guilty to a violation, 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. This first court appearance is usually on the front
of your ticket. If you don’t want to fight the ticket, you can
plead guilty or “no contest”. No contest is almost the
same as pleading guilty. 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. In some courts, you will need to see the judge; in other courts,
you can get a fine reduction from the clerk.
If you plead not guilty, a date will be set for your actual trial.
In some courts, you are allowed to plead not guilty without seeing
the judge; you can appear before a clerk or send in a letter. At the
trial, the judge will take testimony and other evidence and decide
if the case can be proven. If you plead guilty, the judge will sentence
you at the same time.
Keep careful track of all court dates. Make sure the court and the
Department of Motor Vehicles have your correct address. Failure to
appear for any date can result in a license suspension or arrest warrant.
If your case is a violation, you can lose the case by a default judgment
and end up with a large fine.
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. The pre-trial hearing generally provides an opportunity
to your lawyer 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,
request a trial of your case. That way, the officer who wrote the ticket
will be notified to be there, and the judge can hear both sides. Remember
that the officer has the burden to prove the case; you don’t
have to prove anything.
Before you go to court, prepare your case. Check the law you are accused
of violating to make certain you understand it. Oregon Revised Statutes
can be found in the courthouse law library, many public libraries,
and on the Internet. Chapters 153, 810 and 811 contain the laws that
apply to most cases. These laws are sometimes printed in a separate
book called the vehicle code. If photos, diagrams or maps 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.
The judge won’t usually accept letters or telephone testimony;
witnesses need to appear in person.
On the day of your trial, be sure to arrive early. Parking is usually
limited, there can be lines entering the courthouse and it may be hard
to find the correct courtroom. It can help to watch other cases, so
you know what to expect. As much as possible, present your defense
in clear and simple terms. 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.
You don’t have to write out your testimony, but it helps to have
an outline or notes so you remember what you want to say. If the judge
decides the officer didn’t prove the case, you will be found
not guilty. If the judge does decide that you violated a traffic law,
the judge will enter a conviction on your driving record and will charge
you a fine. The fine is often based on your driving record, your attitude,
and the circumstances of your case.
If you lose the trial and think the judge made a legal error, you have
the right to file an appeal within 30 days. However, keep in mind the
cost of an appeal can easily exceed the amount of the fine. If you
want to appeal, you should consult a lawyer immediately; appeals can
be very technical and are difficult to win.
In some courts, the judge or the police officer may offer a traffic
class or some other way of settling your case. For some types of cases,
you may get a lower fine or dismissal of charges if you complete a
class. Whether to settle your case is completely up to you, but make
sure you do whatever you agree to do. Then follow up with the court
later to make sure the case is concluded the way you intended.
Legal Editor: The Hon. Steven A Todd, March
2008