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02-29-2008, 12:24 PM
| | Junior Member | | Join Date: Feb 2008
Posts: 9
| | | Bad ticket - can they write me another?
What is the name of your state? Oregon
I posted on here a week or so ago about my ticket for "following too close", and that the officer cited the wrong ordinance(?) number on it (811.285 instead of 811.485). Now my question is, if I plead guilty and go to court, and get the violation dismissed, can the officer just write me another one with the right ordinance number?
If that's at all possible, I'll probably just plea guilty and get the base fine reduced (it's $243!  ), as I don't want the officer and judge to be upset at me for trying to find loopholes... |
02-29-2008, 02:04 PM
| | Senior Member | | Join Date: Jan 2001
Posts: 12,067
| | Quote: |
Now my question is, if I plead guilty and go to court, and get the violation dismissed, can the officer just write me another one with the right ordinance number?
| Don't you mean not guilty? Learn the following phrase and repeat it in front of the judge:
Your Honor, I ask the court to dismiss with prejudice this citation as it is defective, the officer cited me for the incorrect statute and I am unable to present a valid defense to this citation.
I have seen this work in Washington, it may work in Oregon too.
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02-29-2008, 10:09 PM
| | Junior Member | | Join Date: Feb 2008
Posts: 9
| | Quote:
Originally Posted by racer72  Don't you mean not guilty? Learn the following phrase and repeat it in front of the judge:
Your Honor, I ask the court to dismiss with prejudice this citation as it is defective, the officer cited me for the incorrect statute and I am unable to present a valid defense to this citation.
I have seen this work in Washington, it may work in Oregon too. | Haha, yep I mean not guilty. Thanks for the phrase, sounds better than anything I was coming up with! 
Anyway, so yes, if the court DOES dismiss that citation, can't the officer just turn around and write another one with the correct statute? Or am I wrong, and there's no way he could write me another citation? I would like a 100% positive answer on this one if possible... |
02-29-2008, 11:32 PM
| | Senior Member | | Join Date: Jan 2001
Posts: 12,067
| | | There are 2 magic words in the phrase I told you to remember. Look up the definition of "with prejudice".
__________________
If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.
No private messages, I do not reply to them.
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03-02-2008, 07:45 PM
| | Junior Member | | Join Date: Feb 2008
Posts: 9
| | Ok thanks guys, I'll go for it and see what happens. | |
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