schlep.rock
Junior Member
I am from Portland Oregon. I received a red light photo ticket on 7/1/2013. It is postmarked 6/26/2013. The ticket states that I committed this violation on 2/3/2013. The ticket also states that the officer issued the citation on 6/26/2013.
I am a cab driver. I ran the light in February, the police send the ticket to the registered owner (cab company), they send it back along with the information to find me, finally the ticket arrives almost 5 months later.
ORS 810.436 (1)(d)
The citation is mailed to the registered owner of the vehicle, or to the driver if identifiable, within 10 business days of the alleged violation.
ORS 810.436 (1)(e)
The registered owner is given 30 days from the date the citation is mailed to respond to the citation.
Since I am not the registered owner they could not get it to me within 10 days, but after they got the ticket back should they have gotten it to me in 10 days. If everyone took the maximum time it should have been 10 days to registered owner, no more than 30 days for registered owner to say it was not them, possibly 10 days back to the police and another 10 days to get it to me. That is 60 days at the slowest rate allowable. What about the other 3 months.
The ticket says I violated the rule on 2/3/2013 the officer who signed it says the issue date is 6/26/2013.
If I plead not guilty and I point this stuff out will the judge get rid of this ticket for some kind of procedural error. Also, if I go to court can I ask for traffic school. I have never went to traffic school to take care of a ticket. I have been to traffic school to make myself eligible for a Taxi Permit for the city (approx. 2.5 years ago) Finally, if I go there and the judge doesn't like any of my excuses will he increase my fine or is the court still going to go with the $260 presumptive fine.
Thank you for considering this problem.
I hope this wasn't posted twice, the first one disappeared when I thought I posted it.
I am a cab driver. I ran the light in February, the police send the ticket to the registered owner (cab company), they send it back along with the information to find me, finally the ticket arrives almost 5 months later.
ORS 810.436 (1)(d)
The citation is mailed to the registered owner of the vehicle, or to the driver if identifiable, within 10 business days of the alleged violation.
ORS 810.436 (1)(e)
The registered owner is given 30 days from the date the citation is mailed to respond to the citation.
Since I am not the registered owner they could not get it to me within 10 days, but after they got the ticket back should they have gotten it to me in 10 days. If everyone took the maximum time it should have been 10 days to registered owner, no more than 30 days for registered owner to say it was not them, possibly 10 days back to the police and another 10 days to get it to me. That is 60 days at the slowest rate allowable. What about the other 3 months.
The ticket says I violated the rule on 2/3/2013 the officer who signed it says the issue date is 6/26/2013.
If I plead not guilty and I point this stuff out will the judge get rid of this ticket for some kind of procedural error. Also, if I go to court can I ask for traffic school. I have never went to traffic school to take care of a ticket. I have been to traffic school to make myself eligible for a Taxi Permit for the city (approx. 2.5 years ago) Finally, if I go there and the judge doesn't like any of my excuses will he increase my fine or is the court still going to go with the $260 presumptive fine.
Thank you for considering this problem.
I hope this wasn't posted twice, the first one disappeared when I thought I posted it.
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