Performance Award in NE Oregon

[cougar8000]

That is insane. Do you have pay that lawyer for every appearance?

In IL if cop does not show up in court he better have a good explanation for his superior or his ass is grass.

 

[Ignacio]

Don't know about how it works in Oregon, but in Fl, the defense attorney will continually ask for more time, or another court date until the officer doesn't show up. They often have to make 4-5 appearances, but when the cop doesn't show, ticket is dropped. Sometimes they can also ask to have it amended down to non-moving violation, but that all depends on the judge, driving record, and the offense.

This illustrates the differences that vary widely from state-to-state with speeding tickets. I *think* Oregon isn't one of those states that lets people continue things forevor.....but am not 100% sure. I *know* Washington State isn't one of those.

Myself and another board member have been wondering whether it would be a foolhardy attempt to try and build an FAQ on speeding rules and ticket contesting from state-to-state....or would it turn into a miasma of speculation akin to which is oil is best?

I feel pretty comfortable presenting Washington State...and I think from what I've read exskibum and a couple of others might have a pretty good handle on other states.

For those interested in possibly becoming "Subject Matter Experts" for their state in such an FAQ....send me a PM and we'll talk.

Ig

 

[evil_henchman]

Don't know about how it works in Oregon, but in Fl, the defense attorney will continually ask for more time, or another court date until the officer doesn't show up. They often have to make 4-5 appearances, but when the cop doesn't show, ticket is dropped. Sometimes they can also ask to have it amended down to non-moving violation, but that all depends on the judge, driving record, and the offense.

Typically, cops have days set aside for court. When they write tickets, the court dates are for those days and if they don't show up they'd better have a damn good excuse for upsetting the revenue cart because chances are, they've written a lot more than just your ticket for that day. Don't ever count on a cop not showing if you take it to court.

 

[Ignacio]

Typically, cops have days set aside for court. When they write tickets, the court dates are for those days and if they don't show up they'd better have a damn good excuse for upsetting the revenue cart because chances are, they've written a lot more than just your ticket for that day. Don't ever count on a cop not showing if you take it to court.

Yet another example of variety by states. In Washington State that is definitely NOT true. I'm not sure about Oregon, but think they're similar.

Washington has a "judicious resource" doctrine and doesn't pay cops (or pay them overtime) to show to court. In most infraction cases they won't show and it's your word against their written report.

 

[FJR_pig]

and with Oregon's current budget crisis, it's a safe bet you are not walking away with just a "warning". Oh, no; you can rest assured you will be hearing the classic line "Press hard; four copies" from your friendly state trooper.

You know WC, I agree this is probably true in other states with their state patrol or state police. It isn't the case here in Oregon, though. Believe it or not, a citation written by an Oregon State Trooper brings almost no revenue to our agency. I've seen it averaged out for the most expensive citations and it equates to less than one cent for every dollar on fines levied. With our low numbers across the state (the result of the loss of dedicated funding in the eighties) it works out that OSP is making about $5 every day for all the citations written by OSP Troopers in a day across the entire state. After 365 days of that, we can buy gas for about one day. Cool, huh? Yeah right.

Oregon has parted out the citation revenue to local jurisdictions and social service programs, which, while I believe are kind of important in some cases, I also believe that we should use it to sustain some minimum level of service for the OSP. After all, those Troopers do a lot more than right tickets. We are the only cops in many parts of the state and there are times people are really thankful for the presence, especially when Joe Bob ties one on and is slammin' Sally's head thru the sheet rock at 2 AM in Christmas Valley or Elkton.

Anyway, my point here is that rest assured, if you get pinched by an Oregon Trooper, he's not writing the ticket to boost money for his own personal interests. That would be a very misguided and misunderstood intention on that Trooper's part.

Google the "Oregon State Police" and "dedicated funding" or "Troopers laid off" for some interesting and bizarre reading. Our friendly legislators have hosed us session after session, especially in the last 6 years.

Pig

Edit: WC, I know you're on your ride right now. Ride safe.

 

[Ignacio]

You know WC, I agree this is probably true in other states with their state patrol or state police. It isn't the case here in Oregon, though.

I don't think so either in WA. Yes, the funds go to various programs, but get divied up in so many pies that no law enforcement or administrative person I've talked to thinks self-funding is a motive....except possibly for counties.........in fact, I found it! Clicky here for the Washington source information....or copied here:

[SIZE=12pt][/SIZE]

How is the money from speeding fines and other violations used?
[SIZE=12pt][/SIZE]


[SIZE=12pt][/SIZE]Of the citation fines, 57% are remitted to the local jurisdiction wherein the citation was issued, and 43% are remitted to the Public Safety Education Account (PSEA). These funds are used to promote traffic safety education, highway safety, criminal justice training, crime victims' compensation, judicial education, the judicial information system, civil representation of indigent persons, winter recreation parking, drug court operations, and state game programs.
PSEA funds less than 5% of the overall WSP budget
, primarily the WSP Crime Lab, which is spent in partial funding of the Crime Laboratory, the Meth Response Team, and the Identification Section
[SIZE=12pt][/SIZE].

...not so skilled at finding Oregon's data...sorry. :huh:

 

[exskibum]

Actually, Pig, I think it's a good thing that citation revenue doesn't go to OSP. Don't misunderstand me, though: I very much support you guys getting the money to adequately do a tough and necessary job that I sure wouldn't want to have to do (and I don't mean fixing the sheetrock where her head went through). I just think it's better if the funding comes from alternate sources not generated by your enforcement efforts. It removes any temptation for the misguided to attempt to assist the department with too zealous citation writing, and removes the stigma of an inappropriate motive from your job.

The same kind of issue has long been a sore point with civil forfeitures. Every lawyer knows at least one story where the wrong perp (or the real perp's innocent landlord) lost his property in a forfeiture on a preponderance of the evidence standard before being acquitted or having the charges dropped. Kind of another issue in terms of the extraordinary legal expense to try to straighten it out, but my point is that some law enforcement agencies have been legitimately castigated for having just a bit too much incentive in that context.

 

[evil_henchman]

Oh pleeeeze! Just because the revenue generated allegedly doesn't go straight into the pockets of the police doesn't mean there's no incentive to write tickets. And I don't think it has much to do with concern for public safety. Sheesh :glare:

 

[SkooterG]

Oh pleeeeze! Just because the revenue generated allegedly doesn't go straight into the pockets of the police doesn't mean there's no incentive to write tickets. And I don't think it has much to do with concern for public safety. Sheesh :glare:

Oh puleeeeze! Typical baseless rant by the un-informed.

Since you seem to be the expert here, exactly what is the incentive and motivation for writing citations?

 

[exskibum]

Oh pleeeeze! Just because the revenue generated allegedly doesn't go straight into the pockets of the police doesn't mean there's no incentive to write tickets. And I don't think it has much to do with concern for public safety. Sheesh :glare:

I sure didn't say that. Sheesh :glare:

 

[evil_henchman]

Oh pleeeeze! Just because the revenue generated allegedly doesn't go straight into the pockets of the police doesn't mean there's no incentive to write tickets. And I don't think it has much to do with concern for public safety. Sheesh :glare:

I sure didn't say that. Sheesh :glare:

Didn't mean to imply you did most honorable exskibum.

As for:

exactly what is the incentive and motivation for writing citations

That's been stated ad nauseum on this forum. Have you tried a search? :lol: