Legal Question in Traffic Law in Oregon

Re: Due process on photo radar ticket

I should start by telling you that I'm not intimately familiar with all the issues in these photo-radar cases, and to advise you to consult with an attorney in person, who handles traffic infractions.

Having said that, I can tell you that if the DMV did not have your then-current address at the time of the citation, then you may have a tougher time, possibly even if the Court had a correct address. The burden is on you to notify DMV if you change address, and many agencies rely on that.

If the trial notice was just mailed incorrectly, how did the court GET this incorrect address? Was it unrelated to DMV, and just from sloppy officer handwriting? Which COUNTY was this in? And, do you know WHOSE address your notices went to? I'm asking if the address has any relationship to you, and whether it's one you'd ever had before or know about.

If you didn't change address, you may wish to request copies of all MAILINGS made to you by the court in regards to this matter, in case there are some clues there. Perhaps the COURT committed the error, rather than DMV. IF SO, you'd more likely be able to get the case put back on the trial docket, with convincing evidence of the court's error. You COULD also get it dismissed, of course, but I don't know enough about the other details of your case to be able to discuss or advise anything more definitively.

As for having to pay the fine or the bail FIRST, that is only what a debt collector says, and not necessarily the law. You might just call the court's clerk and just ASK THEM HOW THIS ALL HAPPENED! Then, you'll have a clearer picture of your options, and you'll have that information for any attorney, which they would naturally would ask about, to evaluate your situation. AND, sometimes, a FRIENDLY phone conversation with the court's traffic clerk could resolve the whole thing for you, you never know!

I hope that helps you some. Be sure to TALK to a good criminal defense lawyer ASAP; one who also handles traffic infractions in your area. There may well be time limits ticking away as well.

Best of luck!

Sam