This guide is a basic summary of some of the experiences I have had, as well as tactics that I have used to defend these tickets.
1
The Initial Ticket
When you receive one of these in the mail, you have some options (not an exhaustive list): 1) Pay it, 2) Fight it, or 3) Fill out the certificate of innocence. This guide deals with option number 2, fighting the ticket.
2
Requesting Discovery
Many people do not realize that they have the right to request discovery in traffic ticket matters. Here it is of the utmost importance. Keep in mind that this will vary greatly from court to court (call the court and check). Usually, you will just want to send out a letter to the police department or the court requesting the discovery. I would suggest doing it at least 3 weeks in advance, and when the trial date comes around, if you do not have the discovery, request a dismissal. If you do get the discovery, request a set-over (because all of the discovery will likely not be there). Which is another good reason to ask for a dismissal that will most likely be denied on the first go around.
3
Second Discovery Request
So, now you have received the redflex packet. Look it over and read through it very carefully, and three weeks before your next court date ask for the following: 1) The calibration logs for the camera. As mentioned, but not included, on the sixth page of the redflex packet. 2) The location of all signs on all major routes indicating red light radar is used; the location of all signs posted near the devise in this matter as required by ORS 810.436. 3) The date that the public information campaign was held pursuant to 810.434. When or if you receive all of this, you will no doubt be very close to the next trial date. If you have NOT received everything. Ask for a dismissal again (in my experience, it is usually granted when reflex never provides the calibration logs).
4
What To Do Between Court Dates
Negotiate to something you can live with. I always suggest a deferred sentence or traffic school. Sometimes the officer or prosecutor (depending where you are) will be very stubborn about this. But usually after the second discovery request, they start to break down a little bit and get more flexible; use this to your advantage.
