The court will mail you a notice of your trial date and time.
Trials are typically held on Tuesdays or Thursday mornings and generally take 15- 20 minutes apiece.
Before the trial begins, the judge will allow you and the officer a few minutes to discuss pre-trial issues or a negotiated outcome. You don’t have to speak with the officer; negotiations are voluntary.
If no resolution is reached, the judge will begin the trial by “swearing in” the parties and witnesses. Everyone who wishes to testify must swear or affirm, under the penalty of perjury, that their testimony will be the truth.
Because the government bears the burden of proof, the citing officer will present their side first. The officer may provide their version of events and present other evidence, such as video or audio. Once the officer is finished, you can cross-examine the officer or ask questions.
After that, you may testify or tell the judge your version of events, but you don’t have to; since you don’t have the burden of proof, you are not required to put on evidence. If you decide to testify, the officer may ask follow-up questions, if the questions are legal and relevant you must answer.
The following types of evidence are frequently offered in traffic cases:
Testimony
The most common type of evidence is oral testimony. That means that the parties or witnesses tell the judge what happened. Unless the witness is an expert, they must base their testimony on their knowledge of events. If you think a witness may be reluctant to appear, you have the right to compel their attendance at trial through a subpoena.
Photographs/Videos/Recordings
If the citation was issued as part of the photo enforcement program, the citing officer will likely want to show the photographs and video associated with the case. (Defendants can access those images online. The web address and instructions are on the citation.)
Photographs may also be helpful to the court on traditional traffic citations, provided they accurately represent the situation at the time of the alleged violation.
Diagrams
Simple diagrams can be helpful. Diagrams do not have to be drawn precisely to scale but should accurately represent the area depicted.
Other Evidence
If you think something else, such as a physical object, may be helpful to the judge, you may bring it to court. Do not bring weapons or illegal items.
Burden of Proof - Preponderance of the Evidence
The government, typically through the citing officer, has to convince the judge that it’s “more than likely than not” that you committed the violation. (ORS 153.076) This is a much lower burden of proof than in a criminal case, which is the “beyond a reasonable doubt” standard we see on TV and in movies.
Discovery
Discovery is the process of trading evidence with the other party. To request copies of any records made in connection with your citation, you must contact the Tigard Police Department or the department or agency that employs the officer who cited you. The court is a neutral third party with no discoverable material. (ORS 153.076(3))
