Couldn't find an answer to my questions though I'm certain similar things have been asked before.
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The story:
Pulled over in personal vehicle for having a headlight out.
-Oregon Revised Statutes (ORS) 816.320 (1)(a) & 816.050 Defective vehicle lighting
-Officer volunteered to remove this charge if I got it fixed
--So I have to get it removed before pissing him off by fighting the other charges
*ORS is online, easy to find
Do not carry insurance on the vehicle since I drive it 2-3 miles/month.
-ORS 806.012 Failure to carry proof of financial responsibility
-Don't really expect to fight this one.
-Hoping to get the charge changed to something that isn't a moving violation (assuming it is)
--A point in favor is that my company insures it's trucks, not me
--When his lights came on I was in the middle of a roadway so I pulled into a parking lot 50ft away. The officer did not cite me for this but I may be able to plea bargain with that.
--Will also get my SR-22 and proof of liability. Even if I wasn't carrying insurance then proof of current insurance will be a point in my favor
I live in the vehicle so I keep the curtains drawn around the living compartment but the front, left, and right windshields are always unobstructed. There is a covered rear window but it's part of the living area. It's a cargo van converted into a miniature RV.
-ORS 815.220 Obstructed windows
-I'm thinking this one can be removed by showing pictures of cargo vans /wo rear windows
-There is also no violation for having the living compartment windows covered in a recreational vehicle
-The officer specifically stated he was issuing the violation because he couldn't see inside my vehicle to look for threats.
--I might be able to threaten a counter-charge of illegal search since he didn't have reasonable suspicion of any illegal activity. He may have been profiling my RV/van but that won't cut it. Unfortunately I'd have to get him to repeat that on record.
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The questions:
This is my first time in court. I've found a ludicrous amount of useless advice on whether or not to pay/fight/hire a lawyer. Where can I get useful information on court procedures like: motions, documents, and legal terms? Been to the court library but I have no idea where to start.
In the unlikely chance that the officer doesn't show up, what motion do I make to have the case dismissed?
Which of these count as moving violations against my CDL and CSA scores? Is there a metric or rule?
Can both state(CDL score) and federal penalties(CSA score) be applied to the same charges? Kind of like being convicted in two jurisdictions without having a trial in one of them.
I'm going to request a pretrial hearing. Does anyone know if the statements taken there can be used at trial? Do I need to reserve my right to withhold testimony which may incriminate me there? Do I even have that right in a pretrial hearing?
Can I file charges against the officer for illegal search? Would those be found in the Oregon Statutes or is the code for officer conduct federal/county?
Oregon Traffic Ticket
Discussion in 'Trucker Legal Advice' started by Corpae, Jan 16, 2011.
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Bro you need to talk to an attorney NOT truck drivers
Injun and Leftlane101 Thank this. -
The not carrying insurance part, regardless of how many miles you drive is very irresponsible...Can you personally afford to compensate someone, or their family, if you hurt or killed them?..
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Figured that. But I thought you might know about the CSA/CDL stuff. In any case it got the thing organized in my head.
As for injuring/killing someone? I've been debating that myself lately as well but I still lean toward this view:
Insurance is just another rip off that accomplishes nothing. -
Sure it does, it can compensate someone for our 'accidents' when we can't...Not having it is plain wrong and irresponsible...
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Okay, so if I die accident-free where does that money go?
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You're thinking is concerning...Have you thought of flipping burgers?...
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Let's go back to discussing the original topic, not arguing about insurance.
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Many times. I noticed you addressed me and not the point though. Care to explain?
Getting WAY off-topic here but oh well. Lilbit is right. -
alright you have a headlight out go fix it and clear that one up...
no insurance??? WTF
broad form is cheap so is strait liability insurance is very cheap in comparison to not having it and being in a crash... im sorry no excuse you deserve this ticket and should have to pay it...
the obstucted window thing i look at like the truckers who have the dash all cluttered up how can you see that little rice rocket as he cuts you off or the kid not paying attention and walks out infront or into the side of you i just don't get it...
but if you feel you have been wronged go get an attorney and fight it that is your rite to do
i will step off my soapbox now
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