Legal Question in Traffic Law in Oregon

Re: Speeding Ticket

Your BEST BET to win is to SEE a good criminal defense lawyer, rather than typing online. ANY lawyer trying to answer online can miss important points. It shouldn't cost much to at LEAST pay for an OFFICE consult.

Any witnesses? If it's JUST your word against the police, absent YOUR corroborating evidence, OR something to make the judge doubt the cop(besides a "he said-she said"), or what the officer claims to have seen, the COURT will likely go with the police. Did u-have a passenger? WHO was driving the other car? Plate no? REQUEST the COP'S DUTY NOTES and "ALL OTHER DISCOVERABLE ITEMS," by mail.

Look at the ORS (the Oregon Revised Statutes) online. http://www.leg.state.or.us/ors/ Copy and paste into your browser. Read the statute the cop put on the ticket, and read the CHOICE OF EVILS ("COE") law, an affirmative defense. It says IF a reasonable person similarly situated, would have chosen to do what you did, BECAUSE there was greater HARM you avoided by VIOLATING the law, than the harm that the statute means to protect you from, or MORE harm obeying than not, in THIS case, you can win. IF you HAVE witnesses, or if the COP saw this OTHER vehicle speeding up and slowing down on you, and will admit it to the court,particularly if the cop saw when you had to speed up to get past him or else perform a maneuver MORE dangerous, you can prevail. You must giveNOTICE that you INTEND TO RAISE the COE defense. MAIL notice to the cop or a DA or both, a copy to the court, with your case # and your details, date of cite, etc, IN the letter. CALL THE COURT CLERK and find out DETAILS.

There could be other defenses. EG, if it was crowded traffic, maybe radar caught someone else, like the OTHER speeding car? Also, the officer hasta KNOW HOW to USE the radar. ASK the cop, while he is on the stand, if he has training or permit to USE the machine. Check whether the machine had any prior or soon-after problems: Check with the Oregon State Police. THEY are charged with maintaining these machines. Either the ORS or more likely, the OAR (Oregon Administrative Rules) will tell you the MAXIMUM TIME these machines must be checked and possibly recalibrated by. IF the machine was used on your during a period when they waited longer than the rule, THEN you may be able to keep the result OUT of the hearing. Same if the radar machine your officer used turned up with a malfunction at the State Police, soon after YOUR ticket.

You will need to be able to show that once this car started to speed up and slow down, that you didn't realize it at first, or that once you DID realize it, that you essentially HAD NO OTHER "OUT" you could take. Without witnesses, it's a tough one, but it might well fly.

So, don't forget to PLEAD NOT-GUILTY, and ask for a TRIAL, by the date on your cite. Call the court clerk & see if you can just SHOW UP and plead not-guilty ahead of time, IF you're far enough BEFORE the court date.

GOOD LUCK!!

Sam