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Old 07-30-2006, 02:03 PM   #1
cefu63
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Question Anyone willing to share some Oregon traffic laws?

Is there deferment in Oregon?

And does the cop have to show any evidence that his rader/lazer gun has been tested and is working properly?
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Old 07-30-2006, 09:02 PM   #2
Tilldain
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just posted this in a differnt area but here is the link to or state laws

http://www.leg.state.or.us/ors/home.html
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Old 07-30-2006, 11:20 PM   #3
spdracr00
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quick answers are..

#1 - no
#2 - yes

And the cop must show up or it gets tossed.. check some of the ticket threads for how to help your odds of the cop not showing up.
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Old 07-30-2006, 11:34 PM   #4
cefu63
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I know the cop has to show but does he have to show evidence of a radar test? How am I supossed to know that it was acurate?
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Old 07-31-2006, 12:40 AM   #5
RHayes
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The defense strategy is complex, but basically during cross examination you ask him about the testing and maintenance schedule, and then ask him to back up his statements with docoumentation. If he does not have the documentation then you ask for dismissal for lack of "foundation".
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Old 07-31-2006, 01:47 PM   #6
cefu63
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Perfect...just what I needed. Don't worry, I don't race or even drive crazy. Last ticket was over a year ago and I was within the Basic Speed Rule but the judge still found me guilty. Sunny day, 11:30 am, kids in school, no pedestrians, going 42 in a 30...GUILTY AS CHARGED!
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Old 07-31-2006, 06:05 PM   #7
Cooter05WRX
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Now sometimes when you show up and they ask how do you plead. If you say not guilty then the judge will set another court date which will allow the officer to get all the documents they need.
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Old 07-31-2006, 08:28 PM   #8
ilnmcom
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An officer only has to show up if he is subpoenaed. Otherwise, he is under no obligation to just show up.
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Old 07-31-2006, 08:44 PM   #9
spdracr00
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yep, so plead "not guilty" and if i he doesnt show you get off scott free...
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Old 08-01-2006, 04:01 AM   #10
RHayes
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Quote:
Originally Posted by Cooter05WRX
Now sometimes when you show up and they ask how do you plead. If you say not guilty then the judge will set another court date which will allow the officer to get all the documents they need.
Don't let them get away with that.

Tell them something like... "With all due respect, the trial is today. The defense has appeared and is prepared. If the prosecution is unprepared, that should not interfere with the defense right to speedy trial.

Disclaimer: I am not a lawyer, but I firmly believe in fighting tickets (d.i.y. law)

Last edited by RHayes; 08-01-2006 at 04:25 AM.
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Old 08-01-2006, 04:47 AM   #11
spdracr00
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well, thats why you send in the original ticket with a "not guilty" plea.
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Old 08-01-2006, 11:46 AM   #12
ilnmcom
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Quote:
Originally Posted by spdracr00
well, thats why you send in the original ticket with a "not guilty" plea.
Right. And you can file motions and subpoenas as soon as Pre-Trial Motions. If you really want to know the laws for your state and the court procedure look for a book at the law library called Oregon State Court Rules. It should describe everything from discovery requirements, to any other procedures or guidelines you need. This info is not ussually part of the state code.
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Old 08-01-2006, 12:40 PM   #13
pityr
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Quote:
Originally Posted by RHayes
Don't let them get away with that.

Tell them something like... "With all due respect, the trial is today. The defense has appeared and is prepared. If the prosecution is unprepared, that should not interfere with the defense right to speedy trial.

Disclaimer: I am not a lawyer, but I firmly believe in fighting tickets (d.i.y. law)

Some places like North Plains will have the officers there and they will not reschedule.
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Old 08-01-2006, 03:03 PM   #14
cefu63
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In Oregon you have to send the ticket in with "guilty, not guilty or no contest" plea. At that point if the officer does not show you can ask for an immediate dismissal. But since the revenue is so needed, almost all cops show unless they are tied up in more important business (which you would think would be more often considering the meth problem).
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Old 08-01-2006, 03:27 PM   #15
pityr
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Quote:
Originally Posted by cefu63
In Oregon you have to send the ticket in with "guilty, not guilty or no contest" plea. At that point if the officer does not show you can ask for an immediate dismissal. But since the revenue is so needed, almost all cops show unless they are tied up in more important business (which you would think would be more often considering the meth problem).
Have you modded your XT? Just curious since I have an 06 CGM XT also


Also, everytime I have ever tried to rescedule a court date the scheduler had the officer's schedule and would pick his next "court date" so that he would appear. I have only been ticketed in Washington County so I don't know how other places do it.
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Old 08-01-2006, 05:24 PM   #16
CryderSpeed
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Grrr, just got a 72 in a 50, speedo didn't say I was going that fast and it bumped me into a higher fine bracket. I will be fighting it, so thanks for the info all!
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