At a trial, the burden of proof is on the officer to prove the ticket. Thus, the officer testifies first at trial. When the officer is done telling their side of the story, the defendant can question the officer about what the officer may have seen or done. When the officer is testifying, only the officer can testify. The defendant can not interject the defendant's version of what happened.
If the officer has other witnesses, the officer can then question those witnesses. The defendant then can question those witnesses.
When the officer is done with his or her case, then the defendant can call a witness and ask them questions about what they did or saw. The officer can then question the witness.
The defendant can testify, too, but does not have to. If the defendant testifies about what they did or saw, the officer can question the defendant.
When the defense case is done, the officer can offer "rebuttal testimony" from witnesses, including the officer. The defendant can question these witnesses.
The Oregon Evidence Code applies in traffic trials.
When all the witnesses are done testifying, both the officer and the defendant can make their closing arguments to the judge, about what the testimony of the witnesses means, and suggest to the judge what the judge should decide. When they are done with their arguments, the judge will make a decision. Sometimes, the decision will be in writing, so that the judge can research the law and think about the facts.
Court policies and procedures
The court cannot give legal advice. You may wish to consult your own attorney.
Notice of Appeal
This page last updated 04/19/2012