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  #1  
Old 03-03-2009, 02:56 AM
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2 tickets and cops want to change citation day later


What is the name of your state (only U.S. law)? OR

I was involved in a accident which resulted in me being cited with 2 violations (speeding ORS811.111 and racing ORS811.125) and a misdemeanor (reckless driving ORS811.140). A day after the arrest I got a call on my cell phone from an officer (not the arresting officer) and he said he needed to switch my citations because there was an error on them with the court date. After I told him I wasnt able to meet with him he showed up at my house anyways. From what my brother told me after he talked to the cop and told him I wasnt home he said he seemed very nervous as he left. I have checked the citations for errors and all i could find was my phone number was listed as a number I have never seen before, location is just an intersection (no city state), model of car is incorrect, and on the 2 violations he didnt list his badge number or agency, and on the misdemeanor written in the appearance date is what looks like "Lodged" and no date. also another error but could hurt me is the violation took place in a off hours school zone. I dont know if that still doubles my fine but it could be why they are trying to change the citations. Also if it helps no officers witnessed the accident.

I have been going through the ORS codes at [url=http://www.leg.state.or.us/ors]Oregon Revised Statutes[/url] and all I can find is that under 153.045 which list requirments of a citation and sub sec (d) A summons in the form prescribed by ORS 153.051

Then move to 153.051
which states

(1) The name of the court, the name of the person cited, the date on which the citation was issued, the name of the enforcement officer issuing the citation, and the time and place at which the person cited is to appear in court.

would I be correct to assume this is why the officer is trying to contact me? should I not make contact with him? I will state I have got out of a violation before from the officer putting down the wrong ORS number and believe this is somewhat similar. I will also add that I was given a release agreement from the jail when i was released that had my court date on it, but it was not an actual citation.

Thank you to anyone who can help.

Last edited by mrwabba; 03-03-2009 at 12:05 PM.
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  #2  
Old 03-03-2009, 05:50 AM
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Why are you here?

With two tickets, (speeding and racing) and an accident, you should be searching for a good local attorney.

All those minor details might help the attorney help you, but that’s about all.
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  #3  
Old 03-03-2009, 11:01 AM
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Quote:
mistiminer
Is that a clock that is running slowly?
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  #4  
Old 03-03-2009, 11:14 AM
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Quote:
Originally Posted by Alex23 View Post
Is that a clock that is running slowly?
Nope, it's a sad person that digs for gold.
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  #5  
Old 03-03-2009, 12:00 PM
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I really just want to know can an officer force this ciation switch or should I talk to him and tell him I dont want to and he has to agree?
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  #6  
Old 03-03-2009, 12:23 PM
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Most states allow the ticket to be reissued as long as it done in a certain period of time. He does not need you permission or approval to make a change and reissue the citation. He could send it certified mail if he likes, it just sounds like he wants to serve the change in person.

As it was said, better get a lawyer you have lots to deal with here other than the fact the officer is going to reissue the citation with corrections.
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