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  1. #1
    Join Date
    Nov 2016

    Question Do You Have Discovery Rights to Radar and Patrol Car Video Information?

    My question involves a traffic ticket from the state of: Oregon

    First let me say I read Aaron's "Fighting A Speeding Ticket", but I still have questions. Interesting but not relevant the guide was published on my Bday.
    I see there is already a similar thread from 2010 but it's for a hearing, and I opted for TBA due to the fact that I can not be at the specified date and time set. I suspect that due an extenuating circumstance that the citation I received is unfounded, While I have no idea what my speed was at the time in question, I do know it was in a 30 MPH speed zone and I do believe I was observing the speed limit if not only over a few MPH given the unsafe driving conditions, I'm not like other careless drivers who increase their speed in worse conditions. It was raining hard and I believe I just approached a downgrade.

    I have an automatic and I had just shifted from 2nd into Drive. The officer claimed he clocked me over 40, the officer dropped the offense to 40 in a 30 to give me a break, I can't say what the speed is he clocked me at originally as it's not on the citation it only says 40 in 30, I may have been going a little faster than 30 but certainly not near 40, that may have been to keep in line with the flow of traffic. The other circumstance and I believe this one is more pertinent, is that the radar radar may have clocked a nearby vehicle mistaking it for mine. So the extenuating circumstance of traffic flow added to the fact that I do not know if my vehicle may have been clocked by mistake or the radar calibration was off leads me to suspect I am a victim in this case. Now all that said, from what I have read online I have a right to request radar info, does this apply to TBA or just to a Hearing?

    I realize that I will most likely lose with TBA, given the fact that TBA is usually a guilty verdict, not to mention Oregon is a Trial By Ambush state. I understand that according to the city violations bureau I can appeal to a county circuit court should the judge find me guilty. I pride myself on my defensive driving skills and excellent driving record, not having a moving violation in 20 years,I am not about to just roll over, pay the "presumptive" fine and take points on my record and watch my insurance premiums go up, or attend online traffic school and shell out $130 for the infraction and $45 for the school, even though they offer financing and it will keep the alleged violation off my record. If I have the right to question and fight the alleged violation/citation I'm going to, but without any evidence from Radar or Video I don't think I stand a chance. If I can't get either from Discovery and that's obviously once I appeal, can I get it through subpoena will I need an attorney at that point?
    Thanks in advance for any response.

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