A Citizen’s Guide to Traffic Court

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Sometimes, we get a call from a bike rider with a small legal problem and try to help without having to open a file or charge a fee.  Since most people cannot afford to hire a lawyer for a minor traffic charge or a non-injury accident the stories of other riders who have dealt with the system sometimes helps.

Ann Wagoner’s traffic citation in Portland may provide information useful for others.  While her citation and trial were set in Portland, much of the information is applicable to other Oregon jurisdictions.

A Citizen’s Guide to Traffic Court:

How to Keep Bike Tickets Off Your Driving Record

By Ann Wagoner

Wondering what to do if you get a ticket while bicycling? Here’s my story and some easy steps to follow.

One sunny Wednesday morning in April when I was biking to work at 8am I got my first ever bike ticket. I live in Southeast Portland, so my route takes me over the Hawthorne Bridge. It has a nice comfy, clearly marked bike lane. However, it ends at 1st Avenue. There are lots of bike lanes around the city that frequently dump bicyclists between lanes of traffic when they end. For example, the Barbur Blvd bike lane leaves bicyclists in the middle of four lanes of traffic on 4th Ave. Anyway, I got a citation for Careless Driving (even though I thought the city should get a citation for Careless Planning). I followed some simple steps and had the citation dismissed. So here’s some advice on what to do based on my story.

Careless Driving on a Bike

OK. So you’ve read Ray Thomas’s book Pedal Power and you know all the rules. You follow them, or maybe you strayed a little, and you got a bike ticket or citation anyway. The officer asked you some dumb question, like, “Why are you in such a hurry?” and you were stupid enough to answer with something like, “Well, I was on my way to work.” And now you’re wondering if you’ve incriminated yourself or what the heck to do about it now.  Police officer’s are trained to record your answer to that critical first question and write it on their notebook and on the back of their copy of the Uniform Traffic Citation which you only see before trial if you know to ask for it – read on.  Maybe you’re like me and got a ticket for “Careless Driving” and are asking yourself, “So how can the city ticket bicyclists with “Careless Driving” when we are on a bike!?!!  Why not give a ticket for Careless Boating or Careless Flying. Why stop at Careless Driving? And you may be asking yourself, so does this go on my driving record, will my insurance rates go up? Why didn’t I give the police officer my library card instead of my driver’s license as my form of ID. And the answer is (drum roll please)—YES. Yes, if you are on your bike and get a ticket for Careless Driving, it will go on your driving record and affect your insurance rates–and stress levels if you don’t watch out. But don’t Drink and Bike, That will go on your driving record too. So what can you do? First I recommend a soothing yoga or meditation class. Or, depending on you income level, a massage. So then what?

Nine Steps to Keep Your Record Clean

  1. Enter a Plea of Not Guilty by written appearance. That should be Option 3 on the back of your Citation. Sign and date the back of the form. If you choose to personally appear you’ll have to stand in line for hours at the Court House on 4th Ave and all that will get you is a trial date. It’s the same thing you’ll get if you just mail in the form. But be sure to COPY THE FRONT AND BACK of the citation. You’ll never see that again until your trial date, so be sure to copy it. You’ll also need two extra copies for the letters you are about to write.
  2. Write a letter to the City Attorney. Attach a copy of the front and back of your ticket. It could look like this:City Attorney1221 SW 4thPortland, OR 97204Dear City Attorney,I received a traffic ticket on my bicycle on April 27, 2005. I would like a copy of the following:
    • Police Report (Officer Name)
    • Police Diagram
    • Officer’s Notes (Ticket #Numeber#)
    • Back of the Officer’s Ticket

     

    Please send these copies to the address above. I have attached a copy of the front and back of my traffic ticket for reference.

    Thank you for your attention in this matter.

     

  3. Write a letter to the Circuit Court. Attach a copy of the front and back of your ticket. It could look like this:Circuit CourtPO Box 114Portland, OR 97207Dear Circuit Court,I am making a written request for a hearing for the traffic ticket I received on my bicycle on April 27, 2005. I would like a copy of the following:
    • Police Report (Officer Name)
    • Police Diagram
    • Officer’s Notes (Ticket #Number#)
    • Back of the Officer’s Ticket

     

    Please send these copies to the address above. I have attached a copy of the front and back of my traffic ticket for reference.

    Thank you for your attention in this matter.

  4. You may get a letter from the Records Division asking for a check for $8.50 or some such amount to pay for the copy of the officer’s notebook entry. Instead of wondering where your taxes go, you could write a letter that looks like this:Veronica NordeenProgram SpecialistRecords DivisionPortland Police Bureau1111 SW 2nd Ave Room 1126Portland, OR 97204Re: State of Oregon V. Ann Wagoner Citation No. #blahblah

    Dear Ms. Nordeen,

    Thank you for your letter of May 10 that says that the following information is available to me. Please send the following documents to the address listed above:

     

    • Officer notebook entry or other written or recorded statements or diagrams of witnesses who will testify.
    • Written statements of memoranda of oral statements made by the defendant.
    • Any other available written documents pertaining to my ticket or Officer First Name Last Name.

     

    Enclosed is a check for $8.50 to cover the costs of sending me these documents.

    Thank you for your attention in this matter.

     

  5. You MUST get a copy of the back of the citation/ticket where the police officer is describing what you did wrong. The officer DID write something that they’ll use in court, so try to find out what it is you did. If you only get a few chicken scratches, you may need to write a letter like this and re-set the trial date. (You should have received a notice of the date and time to appear in court.)Circuit Court1021 SW 4th AvePortland, OR 97204Dear Circuit Court,I am requesting a re-setting of the trial for Case #NumberBlahBlah.I am also requesting for the third time the written statements on the citation in the court file. On May 1, I sent a letter to the Circuit Court requesting written statements on the back of the citation. I also sent a letter on May 1 to the City Attorney with the same request. On May 10, I received a letter from Veronica Nordeen of the Police Bureau stating that I needed to send a check for $8.50 which I sent on May 15. On May 23rd I received a few notes from the notebook entry. I am looking for the full entry. Ms. Nordeen stated that written statements may be found on the citation in the court file. I am still waiting for a response from the court.I am still in non-receipt of the written statements on the citation, therefore I would like to make a citizen’s request to reschedule the trial. Please send the written statements so that I can understand the Careless Driving ticket I received while bicycling. Or let me know the appropriate person/court to ask.

    Thank you very much for your attention in this matter.

     

  6. Go to www.portlandmaps.com and type in the closest intersection or address. You can find detailed aerial photos/maps of the intersections where you got your traffic ticket.  For this, you need to click on a specific property close to the location and then pull up the aerial photos.  Portland maps will also fill in the streets if you so choose. Print out those maps. This is very useful for presenting your case to the judge. There will be a white board in the court. Practice drawing your intersection and where all the cars were and where you were and what you did. Mark all the one-way streets, bike lanes, etc.
  7. Take a bunch of photos of the intersections where you got the ticket with a camera. If possible take photos of other bicyclists doing EXACTLY what you did. But don’t tell the judge, see other people are doing it, therefore it’s OK. The judge might try to make an example of you. Prepare to tell the judge instead, “This is an example of how there is plenty of room on this road to pass cars safely on the right.” Take digital photos if possible in case BTA might be interested in your case.
  8. Join the Bike Transportation Alliance. Hey, they provide bikers with lots of great advice and BTA members have done all this work to get Portland to be a bike-friendly city. And that means more people will bike and fewer people will drive and pollute our air. It’s only $30 and you can join online: www.bta4bikes.org. You’ll be able to attend legal clinics and get discounts at bike shops. You might even find out what you did has just been made legal by the Oregon House and Senate. If so, bring all documents from BTA that show this to your trial. Check their website.
  9. Oh yeah. The trial day. It’s up to the police officer to prove that you did something wrong.  There is a chance the police officer will not show up for court.  If that happens, oppose a trial delay and say to the judge that since the prosecution is unable to proceeds you want the case dismissed.  So after the officer gives statements and tells the judge about you “sailing past at 10 miles per hour” or whatever it is you did wrong be prepared to ask lots of questions. Show the police officer your maps and then show the judge. Make sure you all agree about the intersections in question. Draw the intersection on the white board. Draw all the cars. Draw your path as the police officer described it. Explain how what you did was safe and controlled. Explain that you did not put anyone in danger. Explain how you were following the rules. Ask the police officer how much space you had around the cars you passed. Ask lots of questions. You could even show the judge a copy of Pedal Power or bike articles that support your riding behavior choice.  And hey, there are even a few judges who bicycle here in Portland. So don’t get scared if the judge looks mean.And if the judge starts reading during your trial, it might be time to show the judge your photos. Keep things interesting. Or just make sure the judge is reading the traffic rules and not some more entertaining reading matter. If you got nailed for passing on the right, explain how that is now going to be legal. The judge may tell you that it doesn’t pertain to the case at hand, but don’t give up. The police officer may choose to give secret hand signals to the judge at that point so that the case can be dismissed. Oh, and one last thing. I recommend wearing–you guessed it–White. It says, Innocent Until Proven Guilty. White and pink are the colors that worked for me. (Hey, didn’t I tell you this was a girl’s guide to getting out of a ticket?) By all means try to look “conventional” and cover those tattoos or Anarchy symbols. Suits are good for that. But what do I know?  If I was such a fashion plate, I probably would have been able to talk the officer out of the ticket in the first place. Good luck. And have fun at your trial. This may be your 10 minutes of fame, so live it up and be jolly. And let BTA know if you have any other suggestions.

Then What?

If you are found guilty, you still have a chance to be heard about why the sentence should be lenient or the fine should be a “discharge,” community service, or for a small amount of cash.  The judge will want to hear about your personal circumstances.  Don’t whine, but do point out if the fine does not fit the crime.  Oregon statutes somewhat limit a judge’s ability to reduce a fine but there are creative ways justice can be served in your situation.