Traffic Cases
Violation/Traffic Arraignment
If you are appearing at the Linn County Justice Court to enter a plea in response to a charge filed against you for an alleged violation of Oregon Statutes (Violation Offense). The penalties for Violation offenses are set forth below:
- Class A Violations are punishable by a fine of up to $2,000.
- Class B Violations are punishable by a fine of up to $1,000.
- Class C Violations are punishable by a fine of up to $500.
- Class D Violations are punishable by a fine of up to $250.
Upon conviction of a Violation Offense a fine may be imposed, however, you cannot be sentenced to jail for such an offense. If you fail to pay the money judgment imposed, you’re driving privileges may be suspended and/or a contempt citation and a warrant of arrest may be issued for your failure to pay fines.
The court wants you to understand and know the nature of the charge with which you have been cited and the penalties for which you are at risk. If you do not, the court recommends you consult an attorney for legal advice.
- No Contest………You do not want to contest the charge and the matter will be handled the same as a guilty plea.
- Not Guilty……….You deny doing the act of which you are accused.
On a plea of No Contest:
- You may request that the matter be heard by the Judge. The Judge will give you an opportunity to present an explanation before disposition. You will need to appear during an open court time; at the bottom of your citation is the assigned arraignment date. Please check in at the court clerk’s window before entering the courtroom.
- If you chose not to appear before the judge, you may appear before the Justice Court Violations Bureau. The Court clerks are authorized to use the Violations Bureau Order signed by the judge to reduce fine amounts. The Clerk will review your driving record and reduce the fine based on a schedule set by the judge. Clerks cannot consider your explanation. Clerks are available during the Court's hours of operation.
- You can send the full fine amount to the Court; no reduction will be given. This can be done by signing the back of the citation at Option 2, mailing a check or money order, or making payment in full by phone with a credit or debit card.
- You can send the full fine amount and a letter of explanation. The full amount of the payment will be receipted and the letter given to the judge. The judge will review the letter and may determine a reduction that will be refunded to you. This can be done by signing the back of the citation and mailing a letter along with a check or money order.
On a plea of Not Guilty:
You will need to submit a written plea of Not Guilty to the court. If in the past you have failed to appear in any court on any matter, you must deposit the presumptive fine for the offense charged; the matter will then be set for a hearing.
A notice which states the time and date of the hearing will be mailed to your address of record. At the hearing, the court will hear evidence from both sides and decide the matter based on the evidence presented. You have the right to cross examine any witness, including the arresting officer. You have the right to testify or not to testify; and the right to present witnesses on your own behalf. In a violation proceeding, you may not have a court appointed attorney nor a jury trial.
If you fail to appear at the hearing, a judgment will be entered against you and a fine, costs and assessments will be imposed, up to the maximum allowed by law.
