Yes, It Is Worth It To Go To Court!
I often get the question of whether it is worth it to go to court on an Oregon traffic ticket.
The answer is almost always a resounding “Yes!” But, as you’ll see, you get the best chance of winning if you work with an attorney rather than going it solo.
Your Options for Dealing with an Oregon Traffic Ticket
With an Oregon traffic ticket, you generally have five options. Four of the options are listed on the ticket:
[column col=”1/3″]Option #1[/column]
[column col=”1/3″]Plead no contest (guilty) and pay the fine.[/column]
[column col=”1/3″]This is one of the worst options. This option will have you paying the most and having no chance to keep the ticket off your record. The benefit to this option is that it takes the least amount of time and effort. However, beware of any potential suspensions or insurance issues.[/column]
[column col=”1/3″]Option #2[/column]
[column col=”1/3″]Plead no contest (guilty) and send a letter of explanation.[/column]
[column col=”1/3″]This is slightly better than option #1 but is still one of the worst options. Sending a letter of explanation will usually result in your fine being cut in half. This option will save you a little bit of money but the ticket will still go on your record. Any explanation contesting the ticket will be ignored because you will have already plead no contest. The benefit to this option is that it saves some money and takes very little time. However, beware of any potential suspensions or insurance issues.[/column]
[column col=”1/3″]Option #3[/column]
[column col=”1/3″]Plead not guilty and request a trial.[/column]
[column col=”1/3″]This is a good option. By requesting a trial, you get an opportunity to negotiate with the officer and potentially get your charged reduced or dismissed. You can also have a trial where the officer will have to prove the charge by a “preponderance of the evidence” – that means “more likely than not” or about 51%. Because of the reduced burden of proof, it can be very difficult for a person to win their own trial.
The benefit to this option is that it gives you the best chance to negotiate a favorable resolution on your own. The negative is that negotiations on your own will probably just be about how much to pay and appearing in court is time consuming and expensive if you have to take time off work. [/column]
[column col=”1/3″]Option #4[/column]
[column col=”1/3″]Plead not guilty and request a “trial by affidavit.”[/column]
[column col=”1/3”]This is not a good option. By requesting a trial, you’re contesting the charges against you. In a trial by affidavit, your written sworn testimony is presented to the judge as your side of the story. The officer will be present in court and will have the opportunity to testify. You will, unfortunately, have given up your chance to negotiate and to cross-examine the officer. Pieces of paper will lose to live testimony every time. I have yet to see a defendant win a trial by affidavit.[/column]
Option #5: Hire an Attorney
This is the best option. I will be able to take care of your first court date for you (saving you the several hours it can take to
see the arraignment judge. For many tickets, I can appear on your behalf – while you stay at work or take care of other obligations – and negotiate a resolution or represent you during the trial. An attorney will catch many of the technical details that will slip by a non-attorney and will know how to present evidence in an admissible way.
Your best option to win a traffic ticket is with an attorney. Look over my previous case results and Contact me today to chat about your case and see how I can help.