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I Received a Ticket
There are two main types of traffic citations:
The majority of cases heard in Municipal Court are traffic citations. These citations can be handled in one of three ways:
- By mail, following the instructions on the reverse side of the citation.
- At the Municipal Court office, located at the Florence Justice Center, where fines are assessed by the Court Clerk according to a schedule based on the type of offense and your driving record.
- By appearing in court on the date and time set for arraignment on the face of your citation.
Violations Arraignments
The purpose of an arraignment is to tell the judge how you wish to proceed with your case. Traffic arraignment times are typically held twice monthly on the 2nd and 4th Mondays at 9:00 AM. Refer to your citation for your court arraignment date and time. You should arrive before the scheduled time and sign-in at the court counter before entering the courtroom.
There are two options at your arraignment:
- You can plead NOT GUILTY if you wish to contest the charge against you and go to trial. The trial is ordinarily scheduled within a two month time period.
- You can plead GUILTY or NO CONTEST. If you choose this option, you can offer an explanation of the circumstances. Your fine or other penalty, assessed by the Judge, would depend on your explanation, your driving record, and the seriousness of the offense.
A plea of NO CONTEST under Oregon law results in a guilty finding by the court. The benefit to a no contest plea is that you do not have to admit guilt in open court.
If you do not follow any order of the court, including an order to pay a fine, your driver's license will be suspended and you may be subject to further legal action and costs. A plea of GUILTY or NO CONTEST will result in a conviction being entered on your driving record.
Violations Trials
At trial, you and the police officer will appear in court to present evidence about your citation. Evidence can include the testimony of you and the officer, the testimony of witnesses, and photographs or diagrams.
Non-attorney trials are informal and typically take 30 minutes or less. The Judge will hear the evidence and normally make a decision at the end of the trial.
If you choose to hire an attorney, make sure you notify the court since the court date for the trial will need to be set on a day when the city prosecutor will be present.
If you fail to appear for trial, the court may enter a judgment against you which can include a fine. The conviction will be entered on your driving record.
A defendant will be arraigned as part of the initial court hearing on the charge. The arraignment is normally a defendant's first court appearance. Criminal arraignments are typically held on Tuesdays at 9:30 AM.
At the arraignment, the Judge informs the defendant of the charge and makes sure the defendant understands his/her Constitutional rights as explained at the beginning of the court session. The defendant is then asked to enter a plea of GUILTY, NO CONTEST, or NOT GUILTY to the offense(s), or if they wish to speak with an attorney before entering a plea.
If you plead GUILTY or NO CONTEST, you are admitting that you committed the offense(s) as charged. If you plead NOT GUILTY, you are denying that you committed the offense(s) or may have a defense to the charge. No Constitutional rights are waived unless expressly waived by the defendant.
The case will then be set for a pretrial status. At this hearing, all parties must be present. Plea agreements concerning the case may be made at these hearings. If the case goes forward, the next hearing will be either a bench or jury trial.
Criminal Trials
If the defendant waives his/her right to a jury trial, the next hearing will be a bench trial where the Judge will hear testimony and decide the case. If the defendant requests a jury trial, the case is determined by a jury of six citizens from the community. Defendants are presumed innocent, and the plaintiff, the City of Florence, must prove the defendant guilty beyond a reasonable doubt.
Failure to appear for any of these hearings may result in a warrant for your arrest.
