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  1. #1
    Join Date
    Jul 2013
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    Default Speedy Trial Rights and Delay of Hearing in Traffic Court

    My question involves traffic court in the State of: Oregon

    ORS 135.747 requires speedy trial within a 'reasonable amount of time.' This seems to apply to traffic tickets per the appeal case in 2006:

    From the Oregon Court of Appeals, Oregon v. Greenlick A127374),
    “This case presents the opportunity to decide whether the statutory speedy trial right, ORS 135.747, applies to traffic violations. Defendant moved to dismiss the charge, asserting that the state had violated ORS 135.747 by bringing him to trial some 15 months after the citation was issued. The trial court did not address the state’s contention that the statute was inapplicable, but ruled that the length of the delay was not unreasonable. For the reasons that follow, we reverse….

    Thus, a straightforward application of ORS 135.747 in the context of a violation requires that a defendant be brought to trial within a reasonable period of time after the issuance of the citation. In this case, we have no difficulty concluding that a delay of 15 months between the issuance of the citation and trial was unreasonable in the absence of any other circumstances.”

    I requested a trial in 11/2012 for a speeding ticket, and sent the full bail amount in at that time. Court still has not set a trial date as of now. I think they assumed I was pleading guilty when they saw the bail check and entered a conviction. At 8 months and counting, do I have grounds to dismiss on the 'reasonable time' statute, or some other reason (conviction without a trial possibly)? Should I let this issue 'age' a while longer; maybe more than one year?

    Thanks in advance for any help!

  2. #2
    Join Date
    Mar 2009
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    LA LA Land
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    Default Re: Speedy Trial Rights and Delay of Hearing in Traffic Court

    Quote Quoting dgmac
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    I think they assumed I was pleading guilty when they saw the bail check and entered a conviction.
    I think you need to contact the court to establish where your case stands first, and then act accordingly. Unless you want to go through the trouble of preparing and filing motions that will eventually end up being a bunch of wasted time.

    As for "letting it age", I haven't read the case and the citation you provided is pretty short to establish what the defendant did or didn't do... The fact that you sat on your hands for months and never contacted the court to inquire about the status of the case might imply that you consented to the delay.

  3. #3
    Join Date
    Feb 2010
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    CT & IL
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    5,273

    Default Re: Speedy Trial Rights and Delay of Hearing in Traffic Court

    Quote Quoting That Guy
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    The fact that you sat on your hands for months and never contacted the court to inquire about the status of the case might imply that you consented to the delay.
    I must disagree that the defendant needs to call the state and say "hey, the SOL is running out" or something similar...

    - - - Updated - - -

    http://www.publications.ojd.state.or.us/docs/A127374.htm

    Entire court opinion .... was this appealed? I don't know...

    If that case is good case law, I think that the OP has a good argument to make ... if the OP can show that other cases went before the OP's, even stronger case...

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