I
Iwasntthere
Guest
What is the name of your state? Confusion, but let's just call it Oregon for now.
Like numerous other posters, I've received a ticket containing incorrect/inconsistent information, and I hope to have the ticket dismissed for that reason.
In my case, the erroneous information is the statute I am alleged to have violated. Racer72 has mentioned this type of mistake in responses to other posts, but does not elaborate.
I was pulled over for no flag/unmarked long load. The officer cited ORS 818.090, and described the violation as "excessive rear clearance (no flag on load)". I plead not guilty and appeared in court only to find that the officer had changed the statute # to 815.275 before filing the ticket with the court. I moved to dismiss, and the judge instead postponed the trial to a later date so I could prepare a new defense.
Question: Do I still have any grounds for dismissal? I wasn't provided with a copy of the "amended" citation until my trial. Also, I don't beleive I waived my right to a speedy trial (the ticket is dated 7/02/02, my trial date was today, 8/20/02, and I must now await a new trial date in the mail - I would anticipate around the end of September).
BTW, my load was marked, with hi-vis flourecent orange paint, and I intended to fight the ticket on the grounds that I had met the intent, if not the letter, of the law.
Also; ORS 815.275 addresses the issue of properly marking a load. The statute on MY copy of the ticket, ORS 818.090, deals with violations of maximum size limits (of which I was not in violation nor alleged to be), and makes no mention whatsoever of marking or flagging a load.
Thanks so much for your anticipated input.
Like numerous other posters, I've received a ticket containing incorrect/inconsistent information, and I hope to have the ticket dismissed for that reason.
In my case, the erroneous information is the statute I am alleged to have violated. Racer72 has mentioned this type of mistake in responses to other posts, but does not elaborate.
I was pulled over for no flag/unmarked long load. The officer cited ORS 818.090, and described the violation as "excessive rear clearance (no flag on load)". I plead not guilty and appeared in court only to find that the officer had changed the statute # to 815.275 before filing the ticket with the court. I moved to dismiss, and the judge instead postponed the trial to a later date so I could prepare a new defense.
Question: Do I still have any grounds for dismissal? I wasn't provided with a copy of the "amended" citation until my trial. Also, I don't beleive I waived my right to a speedy trial (the ticket is dated 7/02/02, my trial date was today, 8/20/02, and I must now await a new trial date in the mail - I would anticipate around the end of September).
BTW, my load was marked, with hi-vis flourecent orange paint, and I intended to fight the ticket on the grounds that I had met the intent, if not the letter, of the law.
Also; ORS 815.275 addresses the issue of properly marking a load. The statute on MY copy of the ticket, ORS 818.090, deals with violations of maximum size limits (of which I was not in violation nor alleged to be), and makes no mention whatsoever of marking or flagging a load.
Thanks so much for your anticipated input.
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