Random Talk 2011
Originally Posted by EVAN&MONICA,Jan 31 2011, 11:25 AM
If thats true and you can prove it the ticket wont stick 
Does orgeon give a 45days extend time for the ticket?
Originally Posted by MegaPower,Jan 31 2011, 12:28 PM
most likely, in oregon, the judge will correct the speed on the ticket and reduce the fine.
Does orgeon give a 45days extend time for the ticket?
Does orgeon give a 45days extend time for the ticket?
I'm of the mentality that it's always worth fighting because the worst thing that can happen is you lose and pay anyway....
If the cop marked the road and/or intersection where he got you, and you can prove that the speed in the section is actually 40 and not 35, it would *technically* invalidate the ticket because the ticket was for doing 50 in a 35, not a 40. The judge isn't supposed to just "fix" the ticket in the court because they werent there and cant legally say you were/werent doing such and such. They allow for mis-written tickets (silver vs pewter color, or minor errors like wrong address/zipcode or something) but they cant alter the charge itself unless you're trying to plea bargain.
When I went in for my ticket on the coast, the judge told me because the cop wrote down two different charges on the ticket, that BOTH had to be proven or the ticket was no good. So if he cant prove that you were actually in a 35mph, you could say that he was mistaken about other things as well (he obviously wasnt paying attention).
You could also argue common speed of that area (basic rule) and could possibly prove that the speed on that road is "always higher than posted" if you get speed survey reports from ODOT. If it shows that the common speed is higher than the posted speed, you fall under basic rule and were going with the flow of traffic (maybe?)
The argument of actually going 48 vs 50 wont matter because of variance in your speedo. They'll allow for a margin of error and they will side with the radar because it's "calibrated and accurate" anyway.
Depends on the judge though.
If you can prove the posted speed being different, I'd say it's worth fighting for dismissal.
If you're lucky, you get it dropped, or you get the reduced fine like you assume.
You can write in to the court to get an extension on your court appearance, but it depends on the court as to how long they'll extend it. When I went in for my recent one, they only extended it two weeks.
so the best procedure is go to court fight it,. If I lose, ask for traffic school? Does traffic school help to dismiss one ticket?
In cali, we extend 45 days> fight by trial by written declaration > if fail, fight by personal appearance in court > if fail, you pay the fee.
Yes, that's a 2 times trial.
In cali, we extend 45 days> fight by trial by written declaration > if fail, fight by personal appearance in court > if fail, you pay the fee.
Yes, that's a 2 times trial.
The intentions of traffic school is to dismiss one ticket that you have received so it does not go on your motor vehicle report. If you go to traffic school, make sure you get a copy from DMV to show that the speeding citation is "abstracted" (dismissed) off your record. In a case your insurance company runs your motor vehicle report and increases your rates due to that citation, you'll have proof that it has been off your record and the insurance company will remove it off your policy.
Depending on your driving record in the last three years, DMV may not grant you the options to go to traffic school.
Depending on your driving record in the last three years, DMV may not grant you the options to go to traffic school.
my local municpal court doesnt allow multiple trials like that.
You fight and if you lose, you can appeal in the county circuit court which costs $150 to file the appeal and you dont get that back no matter what.
You can apply for traffic school which will defer the ticket as long as you dont get another for a year. My local court will only allow you to take traffic school if you plead guilty or no contest though. Sucks.
You get a reduced fine, but then pay for traffic school so it ends up being the same cost, but at least you can avoid it. They dont allow you to go to traffic school if you have previous tickets within the past 3-5 years though, and I dont think it would matter if you just moved here or not.
You fight and if you lose, you can appeal in the county circuit court which costs $150 to file the appeal and you dont get that back no matter what.
You can apply for traffic school which will defer the ticket as long as you dont get another for a year. My local court will only allow you to take traffic school if you plead guilty or no contest though. Sucks.
You get a reduced fine, but then pay for traffic school so it ends up being the same cost, but at least you can avoid it. They dont allow you to go to traffic school if you have previous tickets within the past 3-5 years though, and I dont think it would matter if you just moved here or not.
Originally Posted by Tony_05s2k,Jan 31 2011, 03:10 AM

Originally Posted by MegaPower,Jan 31 2011, 11:22 AM
50 in 35 on the ticket
48 in 40 on the posted sign

48 in 40 on the posted sign

so just slow down for now and follow the speed limit until your other speeding ticket clear out. dmv drop it out from your record every three years.









