What are my options?
You may exercise one of the listed options on or before your appearance date.
Option 1. Enter a plea of no contest and pay the presumptive fine.
Option 2. Enter a plea of no contest with an explanation to the Judge.
- Mail your no contest plea with a written explanation and payment of the presumptive fine.
- Attend an arraignment to see the Judge in person.
Option 3. Enter a not guilty plea and request a trial.
You have the right to enter a plea of not guilty. You can either enter a plea by mail or in person. A not guilty plea must be submitted in writing. Upon entry of a not guilty plea, the court will schedule a trial date. You should be aware that if you are found guilty at trial, you will not be offered the option of traffic school and the conviction will be entered on your driving record.
Option 4. Enter a not guilty plea and request a trial by affidavit.
You have the right to enter a plea of not guilty and request a trial by affidavit. Upon request of a trial by affidavit, the court will mail out affidavit forms which must be completed and returned to the court within 30 days. The citing officer will also submit an affidavit. Both testimonies will be reviewed by the judge and ruled on. You will be notified of the ruling by mail once the process is complete.
Attend traffic school and pay the presumptive fine and an additional fee.
Marion County Justice Courts offers two traffic school programs: Diversion program and an Educational Diversion program. This is a good option if you are concerned about your driving record. There is an additional fee involved, but the violation will not go on your driving record if you complete the program.
To qualify for the Diversion program you must meet the following criteria:
- You have been cited for a single moving violation;
- You have received no other moving violations or traffic violation charges within the last three years;
- You have not participated in another traffic school program anywhere in the past three years;
- You have a valid drivers license or permit;
- Pay the presumptive fine in full
- Must complete the Diversion course within 90 days and provide the court with a Certificate of Completion
- Must remain violation free for six months
To qualify for the Educational Diversion program you must meet the following criteria:
- You have a valid drivers license or permit
- You have only 2 violations on a single citation, the 2nd should be marked "Educational Diversion Available"
- Pay the full amount of the presumptive fine on the first offense and half of the presumptive fine on the second offense which is marked (Educational Diversion Available)
- Must complete the Educational Diversion course within 90 days and provide the court with a Certificate of Completion
NOT participate in the traffic school program if you:
- If you have a commercial drivers license (CDL);
- You received a citation for no insurance;
- Your citation indicated that an injury accident was involved;
- If your alleged violation is a class A violation, usually the presumptive fine for a class A violation is $435.00. If you were cited in a school zone, highway work zone, or a traffic safety corridor your presumptive fine may be more than $435.00; but you still may be eligible for diversion. Check with the court clerk if you have questions.
Requests to attend traffic school must be done in person at arraignment. If you have an out-of-Oregon driver's license you must provide the court with a copy of your driving record at arraignment. If your request if approved, you will receive information on when to attend the traffic school class and you will be required to pay the presumptive fine within seven days of being approved for the Diversion program and within fourteen days of being approved for the Educational Diversion program. The typical cost for the class is $50.00.
If you live out of state, call the court clerks for further options at 503-576-7200.