Advise of Rights for a Court Trial
You have been cited for a violation not a crime. Your rights are similar, but not identical, to those in a criminal case.
Your case will be tried by the Court, not a jury. Since this is not a crime, you do not have right to jury trial. You may be represented by an attorney, but you will have to pay the expense. The City will not provide an attorney. If you have an attorney, the City Attorney will present the City's case.
You must inform the City at least 15 days prior to trial if you will be represented by an attorney. If you do not have an attorney, the police officer will present the City's case and you will present your case.
You have the right to remain silent at the trial. The burden is on the City to prove the violation by a preponderance of the evidence (similar to a civil case).
You have the right to confront and cross examine the police officer and any witnesses called by the City.
You have the right to bring whatever witnesses or evidence you have at trial time.
If your case involved an accident, there may be written police reports which you may obtain at the Police Department ten days prior to the trial. There is a fee for this. In the majority of traffic cases, there are no written reports available.
If you are found guilty, you have the right to appeal to the Lane County Circuit Court for a new trial. A proper notice of appeal must be filed with the court within 30 days of your conviction. The Circuit Court charges a fee for filing an appeal. You may contact the Lane County Circuit Court for additional information.