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.
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.
Another way to have a trial is by mail (a "trial by affidavit"). The officer and other witnesses testify in writing. A defendant can testify in writing. You need to contact the court clerk and arrange a trial by mail. The court will mail you forms to complete. The statements need to be notarized. The judge will read all of the written testimony and write a letter to the parties with the court's decision.
If your trial involves an Oregon State Police trooper, you must request discovery (the officer's notes, reports, recordings, photos, etc) directly from the Oregon State Police. Requests can be submitted at Oregon State Police - Public Records Requests Public Records Request Forms or e-mail the State Police at mailto:email@example.com The court cannot provide that information to you.
The Oregon Evidence Code applies in traffic trials.
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 03/12/2018