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Old 06-28-2010, 09:44 AM
 
1 posts, read 2,480 times
Reputation: 11

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Well long story short I got caught by Portland Photo Radar for going 40 in a 30. Here is my question. The ticket gives you a court date to appear and at the bottom it states that each side may change the court date ONCE.

So about 2 weeks prior to my court date I received a letter changing the court date. Ok, no problem. Then 2 weeks proir to that court date I received a SECOND letter changing the date yet again.

I dont think they can change it a second time. It clearly states each side can change it ONCE, not twice.

Do I have a case?
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Old 06-28-2010, 10:35 AM
 
8,652 posts, read 17,238,439 times
Reputation: 4622
Maybe they were using your turn the second time...But I'd give it a try...
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Old 06-28-2010, 11:31 AM
 
Location: Portland, OR
1,657 posts, read 4,483,278 times
Reputation: 907
The Court, ie. the Judge, and the court's clerk may change the court appearance date as many times as they so choose for a whole host of reasons. Only you, and supposedly other side which I presume is the City Of Portland, may elect to change only once. The City may petition the Court, with an explanation of course, why the Court should use the Court's prerogative to postpone the court date.

No, the scales, the rights, the privileges, or the courtesies are not equal between you and the City's attorney.

When I lived in Wisconsin back in the 1970's, it was a common practice in Dane County to postpone speeding tickets challenges to give priority to DUI, DWI, and reckless endangerment speeding violations (+45 mph over speed limit) in order for the Court to dispose of cases with potential for future hazard to the general public. (edit: well maybe not exactly "common practice", but I do know it happened at least once, DAMHIKT.)

Or, the Judge wants to visit grandkids out of state.
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Old 06-29-2010, 02:49 AM
 
157 posts, read 523,425 times
Reputation: 101
Phil is right. The court can change the date all it wants. Your only argument is that it violates your right to a speedy trial. I don't know how to argue that point though.

Back when some of the new cameras were installed, people started getting busted so often it cause delays in the court system. My friend got ticketed twice in March by a photo radar. He was postponed twice until August. When he showed up, the judge gathered everyone busted in that same time frame and sent them on their way. His argument for doing so was the right to a speedy trial. But at the time, the massive case backlog was causing the City to lose money by all the people pleading not guilty, so that might have been the real reason.
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