Received Wrong Ticket

[lyric0n]

My question involves a traffic citation from the state of Oregon.

Multiple cars were pulled over for similar violations the other day. The officer issued a citation for me, but when he discussed "my" violations and handed "my" copy of the citation, he handed me a copy of a citation with someone else's name, car, etc, on it.

I live in California and it would nearly an 8 hour drive to the court to go in and discuss this matter in person, but the county does offer a "trial by mail" option.

My question is, what is the best way to bring up this flaw and is it enough to have the ticket dismissed? My assumption is a citation was issued with the appropriate data, but I never had a discussion about that specific ticket. It does have a clause on the bottom of the ticket saying that the officer has severed the defendant with the complaint, which they failed to do.

Thanks,
Chris

[blewis]

I don't know that I've ever seen another situation like yours in all my years on this forum. So, I hope, when all is said and done, you'll return and let us know what you end up doing and what the final result is.

First, let me say that I'm NOT familiar with OR law, nor CA law, but I think I can still give you an idea of what to expect.

First, we have to assume that someone, somewhere was actually given YOUR citation. You might try contacting the person named on the Notice you DID receive and see if, perhaps, they just got flip-flopped. If that's the case, you should be able to exchange notices.

If not, you could try contacting the court. Perhaps you can find a helpful Clerk who will search the Notices for a number close to the one you DID receive, in hopes of finding the one you SHOULD have received.

If you don't get this taken care of, however, you will be facing significant discomfort. Let's assume, again, that a notice made out to you WAS issued to someone else, but filed with the court. If you don't respond, you will have a "default judgment" entered against you. OR will then suspend your license. Since your CA license number is known, they will probably forward that information to CA (I think that CA does not trade certain information with other states, but I think license suspensions are, indeed, reported). When you go to renew your license, CA will have a "hold" on it. If you get pulled over in CA, you will also receive a DWLS violation -- a criminal offense.

Now, of course, you will be able to show that you were never properly "served" with a notice in OR, but you will have to go back to OR, file a motion to set aside judgment and a motion for a new hearing. At that time you will have the original fine, plus any FTR fees, plus possible court fees, etc. You will probably have to pay a license reinstatement fee, as well.

But, finally, after much weeping and gnashing and fines and trips to OR, you will probably get it all figured out.

If it sounds like I'm trying to scare you, I am. Please take my word for the fact that you don't want to just let this go -- it will, inevitably come back to bite you, and they have VERY sharp teeth.

Oh, remember to keep copies of the ticket, along with ANY correspondence with the "other person" or the court. When you call the court, make notes about the conversation. All these things MAY help you get a dismissal when you finally get the snafu straightened out.l

Good luck,
Barry

[lyric0n]

Hi Barry,

Fortunately, the court I am supposed to have a court date does have a trial by mail option which I plan on using.

Would it be practical to contact the court in a few days to see if they've received my citation, if so, prior to my court date, plead not guilt by mail, and then ask for the citation to be dismissed since I was never properly served with a notice in OR? Does this sound like enough of a flaw in the ticket to get it dismissed or will it just be noted and move along?

Thanks,
Chris

[blewis]

I do NOT know OR law. But, in WA, if the charging document is defective or not properly served, the case is usually dismissed -- without prejudice! That means the prosecution is free to file the charges again and mail you another citation.

But, give it a try -- what have you got to lose?

Barry

[adam_]

But, give it a try -- what have you got to lose?

Lots I think!

OP- Did YOU sign YOUR ticket agreeing to appear in court? Did YOU sign someone else's?

This part is not clear...

A