My question involves a traffic ticket from the state of: Oregon
I've never plead guilty and fought a speeding ticket before (its only my 2nd one) and i'm not sure what to expect or what i can/can't say for my court date in 2 days.
The story: I was caught on camera on a bridge by an unmarked police van at night.Apparently going 44 in a 25. I turned onto the bridge, from the street perpendicular to it. I was going with the the flow of traffic, immediately a car was merging from my left and i was trying to switching 2 lanes over to the right so i could get on the freeway on ramp. While i was focused on this, looking over my shoulder and in the mirror, I missed the speed limit sign that is posted very near to where i got on. I was flashed by the camera before i could see the next speed posting.
I've already claimed 'not guilty' and my court date is this week. Do i just say 'not guilty', tell my side of the story, and ask for leniency? (i've got financial troubles so that would be nice) Can i ask for it not to go on my record?
There are a couple statutes(?) or provisions(?) that i'm wondering about. Correct me if this van wouldn't be considered a photo radar system, but i'm pretty sure...
) A photo radar system operated under this section:
(a) May be used on streets in residential areas or school zones.
(b) May be used in other areas if the governing body of the city makes a finding that speeding has had a negative impact on traffic safety in those areas.
(c) May not be used for more than four hours per day in any one location.
(d) May not be used on controlled access highways.
(e) May not be used unless a sign is posted announcing "Traffic Laws Photo Enforced." The sign posted under this paragraph must:
(A) Be on the street on which the photo radar unit is being used;
(B) Be between 100 and 400 yards before the location of the photo radar unit;
(C) Be at least two feet above ground level; and
(D) If posted in a school zone not otherwise marked by a flashing light used as a traffic control device, indicate that school is in session.
2015 ORS 810.439
(a) A citation for speeding may be issued on the basis of photo radar if the following conditions are met:
(A) The photo radar equipment is operated by a uniformed police officer.
(B) The photo radar equipment is operated out of a marked police vehicle.
(C) An indication of the actual speed of the vehicle is displayed within 150 feet of the location of the photo radar unit.
(D) Signs indicating that speeds are enforced by photo radar are posted, so far as is practicable, on all major routes entering the jurisdiction.
I don't recall seeing a sign displaying my speed. Not sure how i can prove that now. I don't remember seeing a sign posted about a photo radar, but i can check that. Is it ok if i take a picture of that now though? Would i just print it out if there is no sign? Can i ask for evidence of how long the van was in that location?
Lastly, if i do end up using one of these statues, will i bring it up when he asks for my argument? Do i just say "under statute 'so and so" it claims this. there is no posting and so on"
I've never plead guilty and fought a speeding ticket before (its only my 2nd one) and i'm not sure what to expect or what i can/can't say for my court date in 2 days.
The story: I was caught on camera on a bridge by an unmarked police van at night.Apparently going 44 in a 25. I turned onto the bridge, from the street perpendicular to it. I was going with the the flow of traffic, immediately a car was merging from my left and i was trying to switching 2 lanes over to the right so i could get on the freeway on ramp. While i was focused on this, looking over my shoulder and in the mirror, I missed the speed limit sign that is posted very near to where i got on. I was flashed by the camera before i could see the next speed posting.
I've already claimed 'not guilty' and my court date is this week. Do i just say 'not guilty', tell my side of the story, and ask for leniency? (i've got financial troubles so that would be nice) Can i ask for it not to go on my record?
There are a couple statutes(?) or provisions(?) that i'm wondering about. Correct me if this van wouldn't be considered a photo radar system, but i'm pretty sure...
) A photo radar system operated under this section:
(a) May be used on streets in residential areas or school zones.
(b) May be used in other areas if the governing body of the city makes a finding that speeding has had a negative impact on traffic safety in those areas.
(c) May not be used for more than four hours per day in any one location.
(d) May not be used on controlled access highways.
(e) May not be used unless a sign is posted announcing "Traffic Laws Photo Enforced." The sign posted under this paragraph must:
(A) Be on the street on which the photo radar unit is being used;
(B) Be between 100 and 400 yards before the location of the photo radar unit;
(C) Be at least two feet above ground level; and
(D) If posted in a school zone not otherwise marked by a flashing light used as a traffic control device, indicate that school is in session.
2015 ORS 810.439
(a) A citation for speeding may be issued on the basis of photo radar if the following conditions are met:
(A) The photo radar equipment is operated by a uniformed police officer.
(B) The photo radar equipment is operated out of a marked police vehicle.
(C) An indication of the actual speed of the vehicle is displayed within 150 feet of the location of the photo radar unit.
(D) Signs indicating that speeds are enforced by photo radar are posted, so far as is practicable, on all major routes entering the jurisdiction.
I don't recall seeing a sign displaying my speed. Not sure how i can prove that now. I don't remember seeing a sign posted about a photo radar, but i can check that. Is it ok if i take a picture of that now though? Would i just print it out if there is no sign? Can i ask for evidence of how long the van was in that location?
Lastly, if i do end up using one of these statues, will i bring it up when he asks for my argument? Do i just say "under statute 'so and so" it claims this. there is no posting and so on"
Is There Any Way to Get This Ticket Dismissed or Fine Reduced
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