Traffic Violations: YOU CAN FIGHT CITY HALL!

Posted 10 months ago. Applies to Oregon, 0 helpful votes

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We recently won a very satisfying victory in regard to a municipal court traffic infraction

This was a case in which I was the named defendant. Obviously I had a keen interest in beating the charge. I received a traffic citation by mail, based on a "photo radar" infraction. Many people would have just pleaded guilty and paid the fine, but I did not want a blemish on my otherwise excellent driving record. We filed a motion in the Municipal Court attacking the citation. Because of the unfair procedures prevalent in the local court, I was found guilty by "default", even though I appeared through my very capable associate Jeffrey Turnoy! We appealed to the Circuit Court. After hearing the matter on a trial "de novo", the Circuit Court judge found me NOT GUILTY. The lesson from this is: YOU CAN FIGHT CITY HALL! For more information about our victory, read the story published by our local newspaper: www.oregonlive.com/oregon-city/index.ssf/2013/08/defense_attorney_mark_cogan_ge.html#incart_flyout_news

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We have won plenty of other cases in the traffic courts

A client came to me complaining that she had been cited on a "photo red light" violation, where she was not even the driver. Evidently, she had loaned her car to another individual who was depicted driving her vehicle through a red light. When she received her citation in the mail, there was a form for her to fill out naming the actual driver. She did not want to "name names" and incriminate another person, but she wanted to fight her ticket. I went to court for her and got her citation dismissed. We have also successfully defended clients in the traffic courts on such charges as careless driving, speed racing, speeding, and other charges too numerous to mention.

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Why you might want to fight your traffic violation

Some people feel they will never win if their traffic violation is based on a dispute with a police officer. Our experience is that, in many cases, we can beat traffic violation charges. Clients come to us seeking to fight traffic violations because they don't want to face the increased insurance premiums that can result. Some people are motivated to fight their traffic violations because their job is at risk, or they are facing a potential license suspension. For others, it is simply a matter of principle: people don't want to be convicted of something they didn't do!

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What we can do to help

Whenever we are retained to represent a client on a traffic violation, we sit down with the client and any possible witnesses to explore all potential factual defenses. We review the applicable legal standards to plan out any motions that may be advantageous to the client. We file a plea of "not guilty" and appear on the client's behalf at the trial. In some cases, we are able to cut a deal with the police officer which results in the charge being dismissed. If the case goes all the way to trial, we make all available factual and legal arguments to accomplish a successful outcome. We are proud of what we have done for our traffic violation clients.

Additional Resources

www.oregonlive.com/oregon-city/index.ssf/2013/08/defense_attorney_mark_cogan_ge.html#incart_flyout_news

Cogan Law Office

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