Is it Worth Fighting a Speeding Ticket From a Different State

[kimtd]

My question involves a speeding ticket from the State of: Oregon.

I'm a resident of California. I got a speeding ticket in Oregon within 20 minutes of entering the state, cited for going 62 mph on 55 mph limit zone that was under "construction zone" (i.e. double fine). According to the cop, apparently, ALL motorists must know the state speed limit whether or not you've been in that state no more than 20 minutes for the first time, EVER.

I know I can contest via mail but that sets the court date for which I must appear. My question is... is there a way to do the trial via mail? (Similar to camera red light violation in CA) Let me rephrase.. is there a way to do the whole contesting thing via mail or phone?


PS: I ONLY went to Oregon because of some stupid "visit oregon" ad slogan I saw at an airport. Now I will think twice before actually saying "hmm, I actually want to visit that state now".

[lurkertom]

What do the instructions say on the back of the notice of infraction? That will list the options available to you.
Did the trooper pace you or did he use RADAR or LIDAR?
Were the speed limit and construction zone signs visible?

[kimtd]

Thanks for the reply lurkertom:

1. Back of the ticket has 4 options
- Personally appear and enter plea or before that time, orally request a trial
- Enter plea of guilty/no contest via written apperance
- Enter plea of NOT guilty by written appearance (court will give notice of time and place when I must appear)
- Contact county clerk and determinf i I quaklify for a trial be affidavit under ORS 153.080

2. He checked of Radar (options were radar, pace, laser)

3. limit 55. my alleged speed was 62. construction signs were visible but they were spread apart so far from each other that it wasn't clear where the construction zone began (it was 101 in Oregon on weekday morning).. hardly any cars

[lurkertom]

Thanks for the reply lurkertom:

1. Back of the ticket has 4 options
- Personally appear and enter plea or before that time, orally request a trial
- Enter plea of guilty/no contest via written apperance
- Enter plea of NOT guilty by written appearance (court will give notice of time and place when I must appear)
- Contact county clerk and determinf i I quaklify for a trial be affidavit under ORS 153.080

2. He checked of Radar (options were radar, pace, laser)

3. limit 55. my alleged speed was 62. construction signs were visible but they were spread apart so far from each other that it wasn't clear where the construction zone began (it was 101 in Oregon on weekday morning).. hardly any cars

153.080 Testimony by affidavit. Notwithstanding any other provision of law, the court may admit as evidence in any trial in a violation proceeding the affidavit of a witness in lieu of taking the testimony of the witness orally and in court. The authority granted under this section is subject to all of the following:

(1) Testimony may not be presented by affidavit under the provisions of this section unless the court has adopted rules authorizing the use of affidavits and providing procedures for the introduction and use of the testimony.

(2) The court shall allow testimony by affidavit under this section only upon receiving a signed statement from the defendant waiving the right to have the testimony presented orally in court.

(3) Testimony by affidavit under this section is not subject to objection as hearsay.

(4) A statement signed by the defendant under subsection (2) of this section does not constitute a waiver of trial unless the affidavit specifically so provides.

(5) Nothing in this section requires that the defendant or any other witness waive the right to appear if other testimony is introduced by affidavit as provided in this section. [1999 c.1051 §22]

So you need to send the notice of infraction back with the option you choose. If you want to fight it by mail call the Court Clerk and find out their procedure.

153.080 Testimony by affidavit. Notwithstanding any other provision of law, the court may admit as evidence in any trial in a violation proceeding the affidavit of a witness in lieu of taking the testimony of the witness orally and in court. The authority granted under this section is subject to all of the following:

(1) Testimony may not be presented by affidavit under the provisions of this section unless the court has adopted rules authorizing the use of affidavits and providing procedures for the introduction and use of the testimony.

(2) The court shall allow testimony by affidavit under this section only upon receiving a signed statement from the defendant waiving the right to have the testimony presented orally in court.

(3) Testimony by affidavit under this section is not subject to objection as hearsay.

(4) A statement signed by the defendant under subsection (2) of this section does not constitute a waiver of trial unless the affidavit specifically so provides.

(5) Nothing in this section requires that the defendant or any other witness waive the right to appear if other testimony is introduced by affidavit as provided in this section. [1999 c.1051 §22]

So you need to send the notice of infraction back with the option you choose. If you want to fight it by mail call the Court Clerk and find out their procedure.

Once you've decided to contest the infraction you will need to file your request for discovery. That means you will ask the prosecutor for the officer's sworn testimony (written affidavit) concerning your case. When you have recieved the materials that you've requested you can scan them and post them here in this thread. Someone will be able to tell you how they think you ought to proceed based upon the facts of the case.