Traffic Violations
If you have received a traffic or ordinance violation, one of the first things you can do is check the court date and time on the citation. You can appear at the Medford Municipal Court on that date and time or do any of the following options listed below prior to the court date and time. Failure to appear can result in suspension, additional fines and/or fees, and being sent to collections.
You may want to look into our traffic safety programs when considering your options. Medford Municipal Court has several programs that allow drivers to complete educational courses or fix the violation instead of having to pay the presumptive fine for the citation if they are eligible. There are costs associated with these programs, but they are generally less expensive than the presumptive fine amount on the citation.
Fees
The Oregon Legislature sets maximum and minimum fines for all traffic violations. These dollar amounts are called a presumptive fine. The presumptive fines for violations are:
$440 for a class A
$265 for a class B
$165 for a class C
$115 for a class D
In Oregon some areas are designated as zones. These include work zones, school zones, and safety corridors. If you are cited in one of these zones, the presumptive fines for violations are:
$875 for a class A
$525 for a class B
$325 for a class C
$225 for a class D
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.