Follow Up On No-Passing Zone Ticket

[doity]

Hi. This is a follow-up to an earlier thread. I mentioned that a citizen had phoned in a complaint that I passed in a no-passing zone. I was cited by a Oregon State Trooper. I have just requested discovery so I can get the affidavit from the complaintant. I did get the citation with the officers notes on the back.

Frankly I am baffled as his notes contradict the citation itself. His notes say that I passed illegally at MP 15, while the citation clearly states MP 21. When he stopped me he said the complaintant claimed I passed in a area which is actually MP 22, which is close to 21 granted but a whole 6 miles from what his notes actually say.

I have until the 17th of this month to make a plea. I was growing discouraged and thinking of just paying the thing because evidently the complaintant is a resident of the county where I was ticketed, and likely known in the community as he runs a social club of some kind. Real small town and I come from the city. So I felt as it would be a us against them kinda thing. But know with the total mess that the officer presented in the citation I am starting to think I should fight this.

Any tips or advice for me? I have been writing everything down including the time and date that I requested discovery from the trooper via phone.


thanks

 

[jharris352]

What a mess. Sorry you are having to deal with it.

 

[mightymoose]

I certainly think you should fight it.
make a note of every discrepancy. The officer did not witness the offense and will trip all over himself trying to explain the inconsistencies.
It essentially is your word against the complainant, and though the complainant was annoyed enough on that day to call and report you, he likely isn't annoyed enough to show up in court. Even if he does, the evidence is extremely weak and you have an excellent chance for dismissal.