Photo Radar/Redlight Violations
Camera Enforcement
Medford Police conduct two types of camera enforcement:
1) Fixed Camera (photo equipment is mounted at traffic signals at several major intersection) and
2) Mobile vans (photo equipment and officer are located in a van on the side of the road at various locations through the city).
The regulatory guidance varies depending on which type of ticket you receive. If you wish to challenge the ticket on the grounds that it was improperly issued, YOU MUST file a pre-trial motion. Do not raise these issues at trial. See the court’s Supplemental Rules (link) on filing motions with the court.
Fixed Camera – Officers monitor for both Speeding and Failure to Obey a Traffic Control Device Violations (Red Light). Things to know:
- All drivers must come to a complete stop before the crosswalk before turning right.
- All drivers must stop at a yellow or red light (Oregon has a restricted yellow light law ORS 811.260).
- Tickets must be mailed within 10 business days.
- See ORS 810.437 for legal requirements.
Mobile Vans – Officers monitor speeding only. Things to know:
- Tickets must be mailed within 6 business days.
- See ORS 810.439 for legal requirements.
How to View Photo Radar Citation Photographs and Video
There may be photo and video footage of your alleged violation that you can watch by following the link that is on your ticket. You may also click www.photonotice.com and enter the city code of MFROR. The video is available online for 60 days from the date of the violation.
Not the Driver?
Individual Defendants: A Certificate of Innocence Form is mailed with every ticket. This form allows the registered owner to have the citation dismissed if they are not the driver of the vehicle so long as it is not a reissued ticket. Click here to fill out this form online.
Business Defendant: If the ticket was issued in the name of a business then a Certificate of Non-Liability Form may be completed.
These forms may be emailed (or mailed or dropped off) to the court by the person or business whose name is on the ticket, not the driver. Submit the forms within 30 days of issuance. Click here to fill out this form online.
Traffic Trial Procedures
If you enter a NOT GUILTY plea to one or more charges in your minor traffic case, the court will set the case for trial. The purpose of this information is to briefly explain how to prepare for trial and what you can expect when you enter the courtroom. If you wish to plea not guilty you can submit your plea by clicking here.
In minor traffic cases, you have the right to be represented by an attorney of your choice at your own expense. In such minor cases, defendants are not entitled to a court-appointed attorney. If you have retained an attorney, notice of representation must be filed 2 weeks prior to the trial date.
Burden of Proof
The legal burden of proof is placed on the citing officer to show that you are guilty of the charge against you. For traffic violations, the burden of proof is "by a preponderance of the evidence." The officer must present evidence to show that, more likely than not, you committed the alleged infraction. This is a much lower burden of proof than in a criminal case. The court will enter a “not guilty” finding if the officer fails to prove the case against you by a preponderance of the evidence.
Discovery
You may request in writing, copies of any records, reports or notes made in connection with your citation. If you would like to request discovery for your trial, please complete and submit a records request, through the online Public Records Request portal.
You will need to create an account and provide an email address to submit a record request. If you have any questions regarding the creation of your account, please contact the City Recorder's Office at (541) 774-2017 or recorder@cityofmedford.org.
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Trial Procedures and Rules of Evidence
At the beginning of the trial, the citing officer and all witnesses, including you if you plan to testify, will be required to swear or affirm that they will tell the truth when testifying. If you have brought a witness please notify the court as soon as your case is called.
Since the burden of proof is on the government to prove that it is more likely than not that you committed the violation, the citing officer presents testimony and other evidence first. When that is done, you will have the opportunity to cross examine or ask questions of the officer. After that you may tell your version of events, but you don’t have to. If you choose to testify, the officer may cross examine you. The judge may ask questions of either party.
The rules of evidence are very complex, but the following types of proof are frequently offered in traffic cases:
Testimony
Most traffic trials consist of oral presentation of events by the officer and the defendant or other witnesses. The judge’s decision is usually based on the reliability and credibility of the evidence presented by both parties.
Diagrams
Simple diagrams can be helpful to the court in understanding the scene where the alleged violation occurred. Diagrams do not have to be drawn precisely to scale, but they should accurately represent the area depicted.
Photographs/Videos/Recordings
Photographs may be helpful to the court, provided they accurately represent the situation that existed at the time of the alleged violation. You should bring a hard copy of the photograph and be prepared to state when and where the photograph was taken.
Witness Testimony
You may bring witnesses with you to court to testify on your behalf. Unless you are offering the testimony of an expert, witnesses must base their testimony on their personal knowledge of events. If you think that a witness may be reluctant to appear, you have the right to compel their attendance at trial through a subpoena.
Hearsay Evidence
Statements of any kind made by someone outside the courtroom is usually hearsay. Hearsay is any out of court statement offered to prove something and includes letters, recordings or written statements.
Trial Tips
- Be prepared.
- Avoid repetition.
- Do not argue with the officer. The purpose of the trial is to present evidence to the judge, not to the citing officer.
- If you have any questions regarding trial procedure, ask the judge as soon as your case is called.
Fines and Appeals
If you are found guilty, you can expect to pay a fine based on the circumstances of your case, the nature of the infraction and your driving record. Your right to drive in Oregon will be suspended by DMV if you fail to pay a fine ordered by a court. In minor traffic cases, defendants cannot be sentenced to jail or community service as an alternative to paying a fine. For more information about appeals click here.