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incorrect info on tickett

  • Thread starter Thread starter ryanpope
  • Start date Start date

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R

ryanpope

Guest
recently i was given a citation for failure to obey a traffic control device in Washington county oregon. when reviewing the citation i noticed two mistakes. one mistake was my address which was the street he wrote i lived on was old cornellius pass road, but my license with the correct street is old pass road. old cornellius pass is more than two miles from my home. mistake two was the vehicle make and model. I was driving a toyota land cruiser 1970 color white, just as the registration i gave him said. he put on the citation i was driving a white 1970 Jeep CJ7. What should i expect to happen with this and should this ticket be dropped on a technicallity? thank you
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Do I detect the police officer's snoozes? Geez, he wasn't just a little bit wrong, he was a whole lot wrong, dude! Enough of the excitement. Technicalities you seek, eh?

See if you could find anything by reading all of the below:
http://ordlink.com/codes/washco/index.htm
1.08.060 Form and content of uniform citation.

A. A uniform citation, conforming to the requirements of this chapter, may be used for county offenses. The form and wording of the citation shall be as the county designates.

B. The uniform citation shall consist of at least four parts. Additional parts may be inserted for administrative use. The required parts are:

1. Complaint;

2. County counsel's record of offense;

3. Citing agency's record of offense; and

4. Summons.

C. Each of the parts shall contain the following information or blanks in which such information shall be entered:

1. Name of the court and the citation number;

2. Name of the person cited;

3. Section of the code violated;

4. Brief description of the offense for which the person is cited in such a manner as can be readily understood by a person making a reasonable effort;

5. The date, time and place at which the offense occurred;

6. The date on which the citation was issued and the name of the complainant;

7. The time and place where the person cited is to appear in court;

8. The bail, if any, fixed for the violation;

9. A notice to the person cited that a complaint will be filed with the court based on the offense.

D. Each of the parts shall also contain such identifying and additional information as may be necessary or appropriate for the purposes of the administering agencies.

E. The complaint shall contain a form of certificate by the complainant to the effect that he or she certifies, under penalties described in Section 1.08.170 that he or she has reasonable grounds to believe, and does believe, that the person cited committed the offense contrary to the county code or the rules or regulations adopted thereto. The certification, if made by a county officer, need not be made before any other person. Any private person shall certify before a county officer.

F. The complaint shall contain a statement that a monetary judgment may be entered against the person up to the maximum amount of fines, assessments, restitution and other costs allowed by the code for the offense if the person fails to comply with Section 1.08.090A.

G. Any error in entering information into the blanks in the citation form, when determined by the court to be nonprejudicial to the cited person's defense, may be corrected at the hearing or prior to the hearing with notice being given to the person cited. Nothing prohibits the court from amending the citation in its discretion.

H. If the complaint does not conform to the requirements of this section, except as provided in subsection G of this section, it shall be set aside by the court only upon motion of the person cited before plea or hearing and a determination that the error is prejudicial to cited persons defense. Failure to move the court to set aside the citation for nonconformance to the requirements of this section before the commencement of the hearing shall constitute a waiver, and will be an absolute bar to raising this issue at the hearing. (Ord. 491 § 2(A) (part), 1997)


1.08.070 Exception for parking violation summons and complaint.

A. Notwithstanding Section 1.08.060(C)(2), no summons or complaint for a county offense in which the offense involves the parking of a vehicle, including a failure to display a parking permit, shall be deemed insufficient because it does not include the name of the person who committed the offense. If the owner or operator of the vehicle cannot be determined by the county officer at the time the citation is issued, such information may be supplied before or at the time for appearance on the citation.

B. A rebuttable presumption exists that the registered owner of the vehicle at the time of the offense was the operator or person in control of the vehicle. (Ord. 491 § 2(A) (part), 1997)

Title 1 GENERAL PROVISIONS -- all of the provision titles listed below for you!


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Chapter 1.08 UNIFORM CITATION PROCEDURES

1.08.005 Short title and purpose.

1.08.010 Definitions.

1.08.020 Minimum bail schedule.

1.08.030 Enforcement and issuance of citation.

1.08.040 County counsel as prosecutor.

1.08.050 Procedures in general.

1.08.060 Form and content of uniform citation.

1.08.070 Exception for parking violation summons and complaint.

1.08.080 Service of citation.

1.08.090 Appearance by person cited--Bail--Request for hearing--Statement--Guilty plea.

1.08.100 Effect of statement in explanation or mitigation.

1.08.110 Hearing--Date--Notice.

1.08.120 Hearing discretionary with court--Exceptions.

1.08.130 Failure to appear--Designated.

1.08.140 Arrest warrant--Issuance.

1.08.150 Arrest warrant--Expiration.

1.08.160 Failure to appear--Alternative prosecution--Penalty.

1.08.170 False certification--Penalty.

1.08.180 Jurisdiction.

1.08.190 Other enforcement procedures not excluded.

1.08.200 Authority of court to order other measures.

 

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