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Ask Legalease Your Own Question
Legalease
Legalease, Attorney
Category: Traffic Law
Satisfied Customers: 16331
Experience:  15 years exp in driving issues
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Is it worth it to ask administrative hearing DWS ticket(s) that were fro

Customer Question

is it worth it to ask for an administrative hearing for Oregon DWS ticket(s) that were from a photo radar ticket that I was unaware of and have proof (the photo) it wasnt me? tickets are 1200.00?
please let me know.
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Legalease replied 1 year ago.
Hello there
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Unless you can prove that it was also not your car OR that your car had been stolen before the picture was taken, then the judge at the hearing will ask you to name the person who was driving the car so that the responsible driver can be issued the ticket. Generally speaking, if they have the pictures and the clocked radar speed count, the only way out of the ticket is to identify the person who was driving the car and violated the traffic laws.
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Probably not what you wanted to hear -- but unless you are willing to give up the driver (assuming your car was not stolen or not your car) then it may very well be a waste of your time applying for and appearing at a hearing regarding the ticket. Please let me know if you have further questions. If not, can you PLEASE press a positive rating underneath this ANSWER box so I will be paid for my time? I am paid nothing for answering your question unless you press a positive rating below. THANK YOU VERY MUCH
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MARY
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Customer: replied 1 year ago.
That doesnt really answer the question. Yes, it was a car that was registered in my name but it was one of my daughters friends that was driving. I got the photo radar picture from the company that takes the pics and thats how I found out who was driving. long story short. I wasnt aware of the ticket and then pulled over and received a DWS ticket and missed the court date by 1 day. so again, do you think its worth my time to ask for the adminstration hearing/appeal and fight the DWS/Failure to appear?
Expert:  Legalease replied 1 year ago.
Hello again -
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Perhaps if you had given all of this information in your first posting it would have clarified the situation a little more for me? Thank you for the additional information.
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Yes, it is worth it for you to appear at an adminstrative hearing so long as you are prepared to name to the court your daughter's friend and give them contact information for her. This way, you will not be charged with the ticket and they will send her a ticket in your place. Regarding any additional fines that might come with the failure to appear, you will have to claim that you never received notification and whether or not the court will want to cut you a break on any such additional fines is completely up to the judge himself (or herself). The company who sends the tickets will most likely claim that appropriate notice was sent pursuant to the law (they usually do) and then it will be up to the judge to determine whether or not he wants to accept your testimony that you never received appropriate notice of these matters in the mail or by any other means (if you have moved recently or there is an incorrect address on any of your auto paperwork (registration, driver license, etc) you should bring such proof with you because it is easier for the judge to make a decision in your favor in such matters if you can tell him/her something regarding why you might not have received notification of the ticket in the first place.
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Please let me know if you have further questions. If not, can you PLEASE press a positive rating underneath this ANSWER box so I will be paid for my time? I am paid nothing for answering your question unless you press a positive rating below. THANK YOU VERY MUCH
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MARY