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In Oregon, will a photo radar violation be dismissed after 90 days from infraction if accused driver fails to respond?
Anonymous2 views5 answers
Mailed notice of violation of allegedly occurring Sept. 13. Court date is October 22. Accused of 35mph in a 20 mph posted school zone. Photos and video are clear and I am the R.O. I live in Portland. Is it realistic to expect the city (Beaverton, OR) to hire a process server to track me down? The fine is $320 I am considering ignoring it since the notice did not come via Certified mail.
That's not how it works, I'm afraid. There is no requirement that photoradar notices be served by Rule 7 process standards. Those rules are for civil cases; this is a violation. If you fail to respond, you'll be adjudged guilty by default, and a judgment will be entered against you with the court. The account will likely be turned over to a collection company. If, as you say, you really were the driver, and it's clear that you were, then you may as well just pay the fine. If you can't afford it all at once, ask them if they take payment plans - they probably will.
Jeffrey A TurnoyCriminal Defense AttorneyPortland, OR ·
There are certain requirements that must be met in order for a photo radar citation to be issued. However, the use of a process server is not one of them. On the other hand, you must have received the citation within six business days of when the alleged violation occurred. Contact an attorney to talk about this matter privately, and do not post any more details about this online.
Don't ignore this. Under Oregon law, a person who does not show up (or otherwise respond) to plead to violations charges can be convicted by default without any trial whatsoever. And no, the state is not required to serve you in any manner other than by mail. (Moreover, because you are posting on a public forum, albeit anonymously, if there is any way to connect your post to your identity, there would be no reasonable argument that you were not given sufficient notice of the charge. Clearly you know about it.)
What you should do is consult an attorney about the circumstances of your case. Oregon law requires that a long series of prerequisites be met before issuing a photo-radar ticket. Sometimes, you can catch the authorities in a mistake, and argue that your due process rights were violated thereby. Even if you can't escape the conviction altogether, you might end up with reduced charges and/or fines.
