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Can officer alter location in trial by affidavit in Oregon

Bly, OR |

I was driving through Oregon and was stopped for speeding (51 in a 30) in a very small town. The citation was written up as "at or near MI 52". As it turns out mile post 52 is over a mile outside of town and well within a 55 MPH zone. My defense was that the location listed on the citation is zoned and posted at 55.

Oregon offers the option to do a 'trial by affidavit' and since I live in another state, I took advantage of this. It is a very messed up system because the defendant (me) has to write an affidavit and submit it to the court. THEN, the officer gets to review the affidavit and present his testimony. Seems backwards to me (innocent until proven guilty?) but whatever.

At trial, the officer testified about a location just over two miles from where the citation specified that the violation occurred. Being traffic court, the judge found me guilty regardless of the evidence.

I was told by the court clerk that the officer would not be allowed to amend the citation at trial. He clearly did that by 'moving' the offense to the opposite side of town where it is a 30 MPH zone.

I have written, but not submitted, a motion to reconsider based on the fact that the judge allowed the officer to modify the citation while not allowing me to respond to the 'new' allegations.

What are the rules in Oregon as far as amending the citation in a trial by affidavit?
Should I send in a motion to reconsider (pointing out the obvious to the oblivious)?
Should I try to appeal (based on the original citation being in a 55 MPH zone)?

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Attorney answers 1


An attorney familiar with the policies and procedures of the court will know the likelihood of negotiating such a resolution given the circumstances of your case.

Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

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