Beat Your Oregon Traffic Ticket by Understanding the Standard of Proof: “Preponderance of the Evidence”
If you’ve been cited for a traffic violation in Oregon, the odds may feel stacked against you.
Unlike criminal cases, where the standard is “beyond a reasonable doubt,” most traffic cases in Oregon are violations, meaning the court uses a lower legal threshold:
“Preponderance of the Evidence.”
Understanding this standard and how to use it to your advantage can be the key to successfully fighting your ticket, protecting your driving record, and avoiding fines, points, and insurance hikes.
What Does “Preponderance of the Evidence” Mean?
“Preponderance of the evidence” simply means that the judge must believe it is more likely than not that you committed the violation. That’s just 51% certainty—not 99%, not beyond all doubt.
ORS 153.076: “(2) The state, municipality or political subdivision shall have the burden of proving the charged violation by a preponderance of the evidence.“
https://oregon.public.law/statutes/ors_153.076
In simpler terms:
If the judge weighs both sides and thinks the state is even slightly more believable, you lose. But if you introduce enough doubt, or if your version of events is just as likely, you can win.
This is critical. You don’t have to prove you’re innocent. You just need to make the judge question whether the state has clearly proven you’re guilty.
How the Standard Works in Real Oregon Traffic Court
Let’s say you’re cited for allegedly running a red light in Marion County. The officer testifies they saw you enter the intersection when the light was red.
You testify that the light was yellow when you entered, and you slowed before proceeding safely. You also provide dashcam footage.
Where the standard is just 51%, the judge must weigh credibility, clarity, and doubt.
If your version seems just as likely, or if the officer’s testimony is vague, distracted, or unsupported, you may prevail.
Why Most Drivers Lose (and How You Can Win)
Most people lose in traffic court because they:
• Don’t understand the burden of proof
• Don’t present their side clearly
• Assume the judge will automatically side with the officer
• Fail to bring evidence
• Plead guilty to “get it over with”
You don’t need to “prove innocence”—you just need to make the judge question whether the state’s version is more likely.
Don’t Let a 51% Case Ruin Your Record—Fight Back Today
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