Legal Question in Traffic Law in Oregon

Re: Subpoena for Police Dept. operation manuals

There may be several things you can do. First off, why not just GO to the police station, and look at it there, as they suggest? Just make sure they have a copy machine available for you to use at a reasonable price, and that they won't object to you copying portions of it.

In addition, be sure that it is the manual for the exact same machine. You can usually find this info out from the Oregon State Police. They are the ones who certify the accuracy of these things, and would surely have some manuals, one would think. Indeed, that is part of your defense: You will need to see the HISTORY of that particular machine. Look at the OAR's (Oregon Administrative Rules) which govern the use and maintenance of these things. You'll want the MAINTENANCE RECORDS of that unit, to see if or how much or in what way it may have malfunctioned in the past. Also, these things have to be TESTED and RECALIBRATED on a specified schedule. If the machine used against you was NOT so certified within the appropriate period, you can show it to the judge, and possibly get all evidence derived from that machine excluded!

You'll also want to ask the officer for any info as to any certification or training, including all manuals and instructions HE received, from any resource. If all else fails, you SHOULD be able to just drive to the OSP office where I BELIEVE they conduct the certifying.

Sorry I can't help you more. It's been a long time since I've done many of these types of trials. And, I couldn't give you any specific subpoena language for a traffic case. I'd ask a criminal defense lawyer. As a last resort, you could also wander into the Stevens Ness Law Publishing store, in downtown Portland, "catty-cornered" from the County Courthouse, on SW 4th. They're a terrific law publishing store, but they're NOT lawyers, and won't be able to advise you on what form to use. I'm not even sure whether, for a traffic infraction, the closest proper form would be more civil or criminal?

ANYHOW, good luck to you!

Sam