Base fine listed on summons is incorrect

[upinflames]

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

I was cited for excess speed in a school zone. Oregon law (ORS 811.235) mandates higher "base fines" (aka just pay it and forget about it) in cases involving school zones. I was given a summons with the higher amount --$206 instead of $145 for normal zones-- Ok so far.

Well, until I consulted the actual law, ORS 811.235 only provides for increased fine in a school zone if children are actually present when the incident occurred, and they weren't. mid morning, 10am, no kids in sight. Officer notes on citation, no one was endangered. Details, details....

Well it is important to me, since I have only three options...not guilty, guilty, or no contest. If pleading guilty/no contest, I MUST pay the base fine (which is wrong). The only remaining option is not-guilty and show up to defend. I am tempted to ask the judge to dismiss since the citation created a false set of choices for me (only could plead not-guilty without getting fleeced for the extra $61), which hindered my defense.

Am I on the right track?

BTW, by having the $206 "school zone" violation, I am ineligible for traffic school, but if I get it back down to $145,like it should be, then I would be eligible. I worry about irritating the judge by pointing out the actual law w.r.t the base fine, and then he wouldn't offer me traffic school. I guess I have nothing to lose, since with the $206-type violation, I wouldn't be getting traffic school anyway.

Thanks!

[I_Got_Banned]

Originally Posted by upinflames

I am tempted to ask the judge to dismiss since the citation created a false set of choices for me (only could plead not-guilty without getting fleeced for the extra $61), which hindered my defense.

Am I on the right track?

No!

Although it might seem logical to enter your plea (and choose to either pay the fine and/or present an argument as to why you should be found not guilty) based upon the choices of how you will be penalized, from a legal standpoint, you can only base your defense upon the offense which you were charged with and upon the actions which lead to your being cited.

So arguing that the penalty (the fine amount) hindered your defense does not make for a legally sound way of claiming to be "not guilty".

Chances are, there is a reasonable explanation for the extra $61 you are required to pay... At least one that does not fall under the premise of "fleecing" money out of you.

One might find "the penalty" as a good reason to not violate the law; however to use that as the basis to request a dismissal... Come on, give me a break!

[upinflames]

So arguing that the penalty (the fine amount) hindered your defense does not make for a legally sound way of claiming to be "not guilty".

I tend to agree with you on this point. I think a more sound way to proceed is make the argument that the summons is insufficient under ORS 153.051(4) which states a summons must include the base fine as applicable under law. I will schedule a pre-trial hearing with the only order of business to establish the facts of the case and have the summons either corrected or tossed. Then once I see where we are on the summons, I can make an informed decision about a plea.

[I_Got_Banned]

Originally Posted by upinflames

I tend to agree with you on this point. I think a more sound way to proceed is make the argument that the summons is insufficient under ORS 153.051(4) which states a summons must include the base fine as applicable under law.

Glad you worded it that way. And the court's response might suggest that the difference in the amount shown might be an added assessment that is authorized under a different statute.

Originally Posted by upinflames

I will schedule a pre-trial hearing with the only order of business to establish the facts of the case and have the summons either corrected or tossed.

More power to you if you can get it tossed. My guess is that you will be, most likely, hearing an explanation as to why both requests are denied, or, least likely, a correction.