Should I Fight My Traffic Ticket in Oregon? Is It Worth Hiring a Traffic Ticket Lawyer?
By: Attorney Edgar Diaz and Attorney Isaiah Beyer
If you recently received a traffic ticket in Oregon, you are probably asking yourself one important question: Should I fight my traffic ticket, or should I just pay the fine?
Maybe you received a speeding ticket, a careless driving citation, a red-light ticket, or another moving violation. Perhaps you are worried about your driving record, your car insurance rates, your commercial driver’s license (CDL), or the possibility of losing your driving privileges.
You might also be wondering whether hiring an Oregon traffic ticket lawyer is worth the money, especially when there is no guarantee that your ticket will be dismissed.
At The Kind Law Group, our Oregon traffic defense attorneys regularly hear these questions from drivers throughout the state.
Our answer is straightforward: There is no way to predict the outcome of a traffic ticket simply by looking at the citation. Every case is different. Every courthouse is different. Every judge is different.
However, there are two important ways to evaluate whether fighting your Oregon traffic ticket makes sense.
Understanding these two approaches can help you decide whether to contest your citation, hire a traffic ticket attorney, or simply resolve the ticket by paying the fine.
1. Should You Fight Your Traffic Ticket If You Want to Do Everything Possible to Keep It Off Your Record?
For some drivers, the answer is relatively simple.
If your priority is doing everything legally possible to get your traffic ticket dismissed or keep a conviction off your driving record, then contesting the citation generally makes sense.
This is particularly true for drivers who are concerned about:
A speeding ticket appearing on their Oregon DMV driving record.
Increased automobile insurance premiums.
Losing their commercial driver’s license or affecting their employment.
Potential driver’s license suspension.
Accumulating additional traffic convictions.
Protecting a previously clean driving record.
The long-term financial consequences of a moving violation.
For these drivers, fighting a traffic ticket is not necessarily about whether an attorney believes the case is likely to be dismissed.
Instead, the decision is about pursuing every available opportunity to avoid a conviction.
A. Why Can a Traffic Ticket Be Dismissed Even When the Driver May Have Committed the Violation?
One of the most misunderstood aspects of Oregon traffic law is that a driver does not necessarily have to prove they were innocent to successfully contest a traffic ticket.
In Oregon traffic violation proceedings, the government generally must establish the violation by a preponderance of the evidence.
There are numerous circumstances in which a traffic ticket might be dismissed, including situations that were not obvious when the citation was originally issued.
For example, a traffic ticket may be dismissed because:
The officer fails to appear at a hearing where their testimony is necessary.
The government cannot establish all the required elements of the alleged violation.
The evidence is insufficient to establish that the defendant committed the offense.
The officer’s testimony contains material inconsistencies.
The government fails to establish a necessary legal or evidentiary foundation.
A procedural problem prevents the government from successfully pursuing the charge.
The court approves a diversion program or another resolution that permits dismissal.
Importantly, none of these possibilities guarantees that a citation will be dismissed.
An attorney cannot necessarily identify every potential opportunity for dismissal by reviewing the ticket alone.
Sometimes, the circumstances that ultimately determine the outcome do not become apparent until discovery is reviewed, negotiations occur, or the case proceeds to a hearing.
B. What Happens If the Police Officer Does Not Show Up to Traffic Court?
One example is when the citing police officer does not appear for a scheduled traffic trial.
Depending on the courthouse, the type of hearing, and the evidence available, an officer’s failure to appear may create an opportunity for dismissal.
However, drivers should never assume that a police officer will fail to appear or that an absence automatically results in dismissal.
Oregon municipal courts, justice courts, and circuit courts have different procedures. Some matters may proceed through written testimony or other permissible evidence, while some courts may allow a hearing to be rescheduled.
Nevertheless, officer nonappearance is an example of an event that may affect the outcome but cannot reliably be predicted simply by reading a traffic citation.
This illustrates an important principle:
A traffic ticket that appears difficult to defend is not necessarily a case that cannot be won. Conversely, a ticket that appears easy to challenge is not necessarily a case that will be dismissed.
C. For Drivers Who Cannot Afford Another Conviction, Fighting May Be Worth the Risk
Some drivers cannot afford to simply accept a traffic conviction.
A commercial truck driver, for example, may be particularly concerned about the potential consequences of a speeding ticket or another moving violation.
Other drivers may have previous traffic convictions and want to avoid adding another violation to their driving record.
For these individuals, the primary goal is often to pursue every available legal option, even when the outcome is uncertain.
If that describes your situation, contesting the traffic ticket may be the appropriate approach.
The important thing is understanding that fighting a traffic ticket creates an opportunity for a better outcome, not a guarantee of one.
2. Is It Worth Paying a Traffic Ticket Lawyer When There Is No Guarantee of Dismissal?
The second way to evaluate whether you should fight your Oregon traffic ticket is financial.
This is an equally important consideration, and one that every driver should carefully evaluate before hiring an attorney.
Does it make financial sense to pay an attorney to fight a traffic ticket when the outcome cannot be guaranteed?
The answer depends on your financial circumstances, your tolerance for risk, and how important the potential outcome is to you.
At The Kind Law Group, we believe drivers should understand that hiring a traffic attorney is an investment in legal representation, not the purchase of a guaranteed result.
A. Can an Oregon Traffic Ticket Lawyer Guarantee That My Ticket Will Be Dismissed?
No. No traffic ticket attorney can guarantee that a speeding ticket, careless driving citation, or any other traffic violation, whatever it may be, will be dismissed.
No attorney can predict the future.
Even an attorney who has handled numerous cases in a particular Oregon courthouse cannot know exactly how a judge will rule in every situation.
The outcome can depend on the evidence, the officer’s testimony, the applicable law, the court’s procedures, the availability of a negotiated resolution, and many other circumstances.
An attorney may review your citation and identify potential defenses. An attorney may also explain how similar cases are commonly handled.
But that is different from guaranteeing what will happen in your individual case.
If you are considering hiring a traffic ticket lawyer, you should understand that you are paying for the attorney’s time, experience, preparation, and representation, not a guaranteed dismissal.
B. What If I Hire a Traffic Lawyer and Still Lose My Case?
This is an important question that drivers should consider before retaining legal counsel.
If you hire an Oregon traffic ticket attorney and the court ultimately finds you responsible for the violation, you may still be required to pay the fine imposed by the court.
That means you could be responsible for both the attorney’s fee and the traffic fine.
For example, if you pay an attorney to contest your speeding ticket and the judge ultimately enters a conviction, the legal fees do not automatically eliminate your obligation to pay the court.
You may also face any applicable driving-record, insurance, or licensing consequences.
This is why we encourage drivers to consider whether they are financially comfortable accepting that possibility.
If paying attorney fees and potentially still having to pay the fine would create a financial hardship that you are unwilling or unable to accept, hiring an attorney to contest the ticket may not be the right decision for you.
There is nothing wrong with making that choice.
On the other hand, if you understand the financial risk and are comfortable accepting it in exchange for the opportunity to challenge the citation, hiring an attorney may make sense.
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Call or Text: (503) 714-5344
Email: CaseReview@thekindlawgroup.com
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Reading this article or contacting our office does not establish an attorney-client relationship. The Kind Law Group, LLC and its attorneys are licensed to practice law in Oregon. All traffic violation cases are fact-specific, and no outcome is guaranteed.
