Specifically, responding by mail. I got pulled over for going 49 in a 35 ($160). It was right before the speed changed to 55 but I realize that’s not really a valid defense. But at the same time I also got citations for not having a front license plate($110) and improper use of a seat belt($110). I have since gotten the plate fixed and bought a seat belt extension. My question is, I have the option of responding by mail but it says I have to send in a check for all the fines. I was hoping to get the two ‘fixit’ tickets dismissed completely since I’ve fixed them and to get traffic school for the ticket since it’s my first in like 10 years. Is this possible by mailing in a response? Or is mailing it in with an explanation and check pretty much guaranteeing I pay the full amount?
It’s impossible to answer such a question or even provide any helpful insight without knowing the jurisdiction in which you were charged.
Call the municipality that issued the ticket, there should be a number on the ticket itself, along with a court date. Last time I got a ticket, I was not offered the option to go through the mail, but did get one ticket dismissed by the prosecutor when I went to my court date. I don’t imagine that municipalities are in the habit of dismissing tickets by mail.
Sorry. It happened in Marion County in Oregon. But yeah I wanted to avoid Going to court because of work concerns.
When I lived in CA sending the check in the mail was an admission of guilt and you couldn’t contest the charges without appearing in court in person. That may have changed since I’ve lived there and it may have nothing to do with how Oregon works. Call the law enforcement agency that ticketed you and ask them what your options are, particularly surrounding the fix-it tickets.
It may be a pain to take off work to deal with this, but I was able to avoid paying for a speeding ticket when I showed up at court to contest it and the officer didn’t. They usually don’t penalize you just for defending yourself, as long as you aren’t wasting a lot of the court’s time.
We don’t have fix-it tickets in this state but yes, paying the fine is an admission of guilt. If you want any lessening or merging of the tickets it has to be in person in court. It changes between jurisdictions but many courts try to accommodate schedules. For instance we have one day a week for evening court and one day for morning court. The court clerks are willing to change your day to better fit your work schedule. A smaller jurisdiction probably only has court on one day. So as others have said, call.
You can’t get get your two fixit tickets overturned through the mail. You normally would just have to go talk to the court clerk before the deadline. The same for having them approve the traffic school option. They need to see you normally.
What exactly is “improper use of a seat belt”? Is it the same as failure to wear a seat belt or is it something else?
I’m guessing it was under his arm. If he happens to be a “big” guy and an older vehicle the strap may not have been long enough. So, you out it under your left arm and it gives you a few extra inches.
I received a ticket in Marion County. To do the traffic class, I needed to show up in person, which was pretty frustrating.
When I got a fix-it ticket in Fresno, CA., a few years ago, I found that the court was utterly unreachable by telephone. I had to go in person and wait in line, just to see a clerk to answer a few simple questions.
Oh sure, there was a phone number on the ticket, to call in case of any questions. It got you to an automated system that would give you the current status of your ticket, with no option to reach a live person. There was a deadline of several weeks by which I had to respond, but they didn’t even have the ticket in their system until later than that.
If you want to plead “not guilty” and discuss your case with a judge, you’re going to have to go to court AND plead NOT guilty. If you go to court and plead guilty, the trial is over.
I’m guessing that by responding by mail AND sending them a check to cover the fines, the court will considered that to be an admission of your guilt. Yes I’m guilty and I’m paying my fine.
Round here - we can file appeals / explanations on line, and also make payment online via visa etc for most infractions once we have admitted guilt.
If want to appeal our guilt - there’s an online form for that.
And not trying to be mean or snarky - but to me the “fixit” for a seatbelt too small is a diet
Greetings, fellow Oregonian. Sorry, Oregon does not allow the traffic school option. Once you get a moving violation on your record, it’s there to stay. You have to be careful not to get more than three of them in any two year period or your license will be suspended. Your only hope of getting the moving violation off your record is if you go to court and convince the judge to find you not guilty. I tried it myself and failed; maybe you’ll have better luck than I did.
I am not a lawyer, but here’s what you might try: #1 Show up on your court date and plead not guilty. They’ll give you a trial date. #2 Show up on your trial date and hope the cop fails to show and maybe they’ll dismiss the case instead of rescheduling. #3 Assuming the cop shows up, listen to his/her testimony and ask any questions which might poke some holes in it or possibly convince the judge that the cop is not a reliable witness. #4 Don’t admit to any facts and don’t offer to testify yourself. All it takes is for the cop to ask you “were you going faster than 35?” and you say “yes” then boom, the judge has no choice but to find you guilty*. End Of Story. So don’t testify. #5 If you do manage to poke some holes in the cop’s testimony, tell the judge that the cop has not presented enough evidence to prove that you are guilty and ask that you be found not guilty. #6 The judge will find you guilty anyway (90% chance) and then you pay the fine. I hope you brought cash with you.
*My mistake was that I tried to say what I did was reasonable and justified in the situation but the judge said even though he agreed with me and felt the cop should not have written the ticket, he didn’t have the authority to dismiss the charges on the basis of right and wrong, only on the question of the facts: was the letter of the law broken yes or no.
As for your question about splitting the tickets, I’m sure they must allow you to plead guilty to one and not guilty to the others, but you’ll have to call and ask if they have a procedure for doing it without showing up in court. My guess is you’re gonna have to go to court.
Moderator Action
Since this involves a legal issue, let’s move it to our forum for legal advice.
Moving thread from General Questions to In My Humble Opinion.
I defend a few traffic tickets. As long as it isn’t a DUI AND the driver didn’t piss off the cop, I can usually work something out to help the driver. Get them to reduce the speed for a lower fine, dismiss additional charges, sometimes plead to a non-moving violation instead of a moving violation. It costs more to hire me on the front end, but the driver often saves more than I charge over the long run by avoiding rate increases on his insurance.