Our law office gets calls from people all the time who are facing traffic violation charges. Frequently, the charges are slated for trial in a local municipal court. People often feel they have no chance of winning. Our office has proven that clients can win even in a local municipal court.
This was a case in which the senior attorney in our office, Mark Cogan, was the named defendant. Obviously he had a keen interest in beating the charge. He received a traffic citation by mail, based on a "photo radar" infraction. Many people would have just pleaded guilty and paid the fine, but he did not want a blemish on his 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, he was found guilty by "default", even though he appeared through myself as counsel! We appealed to the Circuit Court. After hearing the matter on a trial "de novo", the Circuit Court judge found Mr. Cogan 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
Whether it is getting the client into diversion, reducing the number of violations or amount of fines, or getting a complete acquittal, we have had great success in the traffic courts. As an example, a client came to our office recently with a speed racing ticket for allegedly accelerating rapidly once a red light turned to green. We took the case to trial, and won a NOT GUILTY verdict on that charge. We have also successfully defended clients in the traffic courts on such charges as careless driving, speeding, and other charges too numerous to mention.
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!
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.
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