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Fighting the evidence for a speeding ticket in Oregon

Portland, OR |

I don't get speeding tickets often, but when I do I tend to go to court and try and fight it. Thus far, I've lost every time but I learned something extremely valuable on my last attempt. I wrote down a strategy to attempt to break apart the evidence the officer had against me. Simple questions such as "When was the last time the radar was tuned? When were you last certified?" and etc. It turns out these questions were irrelevant because in Oregon, officers are NOT required to prove their competency in regards to such things. The Judge cited case law in this regard. With that said, is picking at the evidence even a viable strategy?

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Attorney answers 3

Best Answer
Posted

The answer is it depends on what kind of ticket it is; photo radar vs. in-person ticket. If it is a photo radar ticket, there is a statute that lists the various requirements the government must meet before a ticket can be issued based on the radar. That statute is ORS 810.439. If it was an in-person ticket, meaning issued by the officer themselves, there are times when you can make a good argument based on the evidence, but that is a very fact-specific argument, not to be discussed in this forum.

If you want to fight your ticket, hiring an attorney is not a bad idea, as the attorney can make those arguments for you, possibly using case law of their own in support. Good luck.

Asker

Posted

It is very interesting you bring up Photo-Radar because it was one of these devices which I fought and lost and the judge referenced State v. King where the state doesn't have to prove the competence of the officer or reliability of the equipment used.

Posted

In my humble opinion your best strategy involves one of two choices:

A. Hire a good lawyer who is familiar with the evidentiary laws of your state and is also familiar with the jurisdiction in which your case is pending or;

B. Obey the speed limit. (This option is both cheaper and safer too)

Nathan Douglas Wente

Nathan Douglas Wente

Posted

You're assuming he was speeding.

John Paul Thygerson

John Paul Thygerson

Posted

True, but he did admit to speeding and then trying to fight it in court. I was simply suggesting not to speed in the future.

Nathan Douglas Wente

Nathan Douglas Wente

Posted

Not speeding is a great suggestion. However, I didn't see an admission.

Posted

Mr. Thygerson provided a sound response to your question. Instead of focusing your efforts on trying to beat a speeding ticket, please consciously be more aware of practicing safe driving skills to avoid future tickets. Good luck to you.

No attorney/client relationship is formed between the attorney responding to this question and the individual asking the question.

Nathan Douglas Wente

Nathan Douglas Wente

Posted

You're assuming he was speeding.

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