base fines?

[bumplime]

Had an incident today after letting a friend drive my car where I was cited for failure to carry my drivers license. The ticket says the base fine is 2500.00. Is there anyway to know how that fine is handled in court before I go in. The officer ran all of my info and knew I had a valid DL but cited me anyhow. My fault for not having it on me. Just want to be prepared.

I never knew that a burn out was considered reckless driving either. Did not get cited for that but my friend did. Even though he was not driving when we were stopped, I was. It freaked me out a bit actually. 5 police cars ... When I was ordered out of my car and I aske what was going on, I was told I was being detained for suspicion of hit and run. After a little while I learned someone had called 911 saying we had hit a stop sign, crashed and then fled.
We never hit anything. Never fled either. Police did a quick investigation and figured out we did not crash. However my friend was cited for reckless driving and two counts of criminal endangerment. I got cited because I was driving when we got pulled over. Very stressful to say the least, any driving crime could coste my business so I was relieved when they said they agreed there never was a cash. I am curious how they can cite someone when they don't observe the violation though. However; not an officer and don't know the law so I didn't question them.

 

[svtcop]

2500 bucks for not carrying your DL??

edit..OK I looked up the code for not carrying your DL in Oregon. It states the offense is a class c misdemeanor. If you check out ORD 161.635 the maximum fine listed for a class c is 1250.00 http://www.oregonlaws.org/ors/161.635

Holy shit that's still crazy steep. I'd super glue that ****er to my forehead to avoid those fines.

and ps...you've been charged with a criminal offense, you might want to consult an attorney.

 

[Devious_Snake]

thats insane, down here its a non moving violation and cost 10 bucks with proof... :shrug:

 

[bumplime]

2500 bucks for not carrying your DL??

edit..OK I looked up the code for not carrying your DL in Oregon. It states the offense is a class c misdemeanor. If you check out ORD 161.635 the maximum fine listed for a class c is 1250.00 ORS 161.635 - Fines for misdemeanors - 2009 Oregon Revised Statutes

Holy shit that's still crazy steep. I'd super glue that ****er to my forehead to avoid those fines.

and ps...you've been charged with a criminal offense, you might want to consult an attorney.

Wow a criminal charge for not carrying my license. I'll call my Attorney tomorrow. I can not have a criminal record or I'll lose my business. Not cool. Thank you

 

[RDJ]

Wow a criminal charge for not carrying my license. I'll call my Attorney tomorrow. I can not have a criminal record or I'll lose my business. Not cool. Thank you

Just curious as to why you would engage in, or allow your vehicle to be used in such a manner that would clearly carry serious consequences if doing so would cost you your business.

 

[bumplime]

I never knowingly engaged in anything illegal. I did not have my license because I had no intention of driving. I let a friend of mine drive it because he had never driven it and asked if he could. What the Police called reckless driving (burnout) was less than 15' and IMO was not excessive or deliberate. He accelerated and the rear end broke loose, he let off.

I am contracted with the State of Oregon. They are very strict on criminal records. I ha no idea that not carrying your license was a crime even if you are not driving.
I contacted my Attorney today and will meet with his office later this week. He seems to think it'll be tossed out once the DA sees the report.

 

[Mach1USMC]

I never knowingly engaged in anything illegal. I did not have my license because I had no intention of driving. I let a friend of mine drive it because he had never driven it and asked if he could. What the Police called reckless driving (burnout) was less than 15' and IMO was not excessive or deliberate. He accelerated and the rear end broke loose, he let off.

I am contracted with the State of Oregon. They are very strict on criminal records. I ha no idea that not carrying your license was a crime even if you are not driving.
I contacted my Attorney today and will meet with his office later this week. He seems to think it'll be tossed out once the DA sees the report.

GL man- that's pretty harsh.

 

[CWCobra]

Is it the law that a person must carry his drivers license at all times? What if you are out jogging? Walking the dog? Mowing the grass?

What have we come to????

 

[svtcop]

Is it the law that a person must carry his drivers license at all times? What if you are out jogging? Walking the dog? Mowing the grass?

What have we come to????

Are you driving while jogging? NO Walking the dog and driving? NO Mowing the grass and driving? NOPE, Are you starting to see a pattern? You should, none of those things you listed include driving a vehicle. Therefore you aren't required to have you drivers license on you. :nonono:

We have come to an era where people have no common sense and jump to conclusions and make the most erroneous statements with absolutely no knowledge of the subject at hand. :bored:

 

[CWCobra]

Are you driving while jogging? NO Walking the dog and driving? NO Mowing the grass and driving? NOPE, Are you starting to see a pattern? You should, none of those things you listed include driving a vehicle. Therefore you aren't required to have you drivers license on you. :nonono:

We have come to an era where people have no common sense and jump to conclusions and make the most erroneous statements with absolutely no knowledge of the subject at hand. :bored:

I confess: I am guilty. I mis-read original post. The OP first says he got a ticket, even though his friend was driving. And then later, the part I missed, a couple of paragraphs down, he changed his story and admits that he WAS in fact driving when they were pulled over.

I'm still curious about the potential consequences of being asked (while NOT driving) by LEO for ID, and not having it on me. I suspect my life could conceivably become pretty miserable, pretty fast, no?

 

[svtcop]

I confess: I am guilty. I mis-read original post. The OP first says he got a ticket, even though his friend was driving. And then later, the part I missed, a couple of paragraphs down, he changed his story and admits that he WAS in fact driving when they were pulled over.

I'm still curious about the potential consequences of being asked (while NOT driving) by LEO for ID, and not having it on me. I suspect my life could conceivably become pretty miserable, pretty fast, no?

NO

You are required to identify yourself (ie..Name, DOB and address..unless giving your date of birth will self-incriminate you) when a LEO has a REASON to identify you. (ie..Terry Stop, criminal investigation, reason to believe a crime has been committed or about to be committed) You are not required to have an ID on you while simply in public.

 

[ashleyroachclip]

I live in Oregon , and have read all 750 pages of the Oregon Vehicle Code.
You have not been charged with a criminal act , as all vehicle code violations are infractions with the exception of DWI.
As you did mention , unless the officer in fact saw you or has a witness that will testify to the burn out / rear end slipping out , the DA has no case .
Challenge it with those facts , demanding the witness against you appear (you have a right to confront those witnesses).
The problem here is that all states motor vehicle codes are required by law (the rule of law) to be consistent across the states, and very few people have actually read nor understands what the very clear language states.
Too bad you have to pay an attorney , but he is correct that once the DA views this , it MAY be dismissed.

I have spent over 20 years studying Vehicle Codes , in this case ORS , and the Administrative rules used to coheres the people into paying fines to the government , and insurance companies for said infractions .

 

[swt99svt]

NO

You are required to identify yourself (ie..Name, DOB and address..unless giving your date of birth will self-incriminate you) when a LEO has a REASON to identify you. (ie..Terry Stop, criminal investigation, reason to believe a crime has been committed or about to be committed) You are not required to have an ID on you while simply in public.

Key - Reason to believe you have or are going to commit a criminal offense. Just because a LEO asks for your information does not require you to provide them with your name, dob, etc.

As for the OP and his citation for not providing his license... Show up in court with it and it will be stated as a mistake for not carrying and I'm 99.9% sure the charges will be dropped for having provided proof of being in possession of a valid DL.

 

[swt99svt]

Just curious as to why you would engage in, or allow your vehicle to be used in such a manner that would clearly carry serious consequences if doing so would cost you your business.

That's a rhetorical question, right? :beer:

 

[RDJ]

That's a rhetorical question, right? :beer:

not really. I am continually amazed at the number of people that have jobs that require them to have a clean DL or that want to be LEOs that come in her crying, "how do I get out of this ticket" or "I was caught street racing will it affect me being an LEO". people do stupid shit all the time without considering the consequences of their dumb and then want a way to get out of it.

Not saying that the op falls into that category entirely but obviously he is not as careful as he shoulda been.

 

[svtcop]

I live in Oregon , and have read all 750 pages of the Oregon Vehicle Code.
You have not been charged with a criminal act , as all vehicle code violations are infractions with the exception of DWI.
As you did mention , unless the officer in fact saw you or has a witness that will testify to the burn out / rear end slipping out , the DA has no case .
Challenge it with those facts , demanding the witness against you appear (you have a right to confront those witnesses).
The problem here is that all states motor vehicle codes are required by law (the rule of law) to be consistent across the states, and very few people have actually read nor understands what the very clear language states.
Too bad you have to pay an attorney , but he is correct that once the DA views this , it MAY be dismissed.

I have spent over 20 years studying Vehicle Codes , in this case ORS , and the Administrative rules used to coheres the people into paying fines to the government , and insurance companies for said infractions .

The officer stopped the vehicle with him driving it, hence the no DL on person charge. Seems pretty cut and dry there. They stopped the car due to reports of a reckless driver who had possibly struck a sign was leaving the scene of an accident. That is cause to stop a vehicle that fits the description in the area.

As far as the reckless charge, I think you misread. That wasn't him charged with that. It was his friend. So there is nothing for him to challenge there. The Officer stopped HIM driving the car suspected of causing damage/driving recklessly in the area. Again, that's a good stop. I'm sure his buddy admitted to the police for being responsible for driving at the time of the burnout, which is why he was cited. :read:

If you read all 750 pages certainly you read this code.

ORS 807.570 - Failure to carry or present license - 2011 Oregon Revised Statutes

Wherein it states that a violation of this code is a class c misdemeanor.

A class c misdemeanor in Oregon. I posted the section in my first post. Oregon law reads really easy compared to some states (including Ohio)

OP, can you post what specific code you are charged with? Do you have a mandatory court appearance? You may be confused as to what you are charged with. Post the specific code you violated.

Key - Reason to believe you have or are going to commit a criminal offense. Just because a LEO asks for your information does not require you to provide them with your name, dob, etc.

Didn't I just say that? :dw:

As for the OP and his citation for not providing his license... Show up in court with it and it will be stated as a mistake for not carrying and I'm 99.9% sure the charges will be dropped for having provided proof of being in possession of a valid DL.

How can you be so sure that it will be dropped? Under his own admission he was not in possession of he DL. He really needs counsel present during court proceedings.

 

[bumplime]

Hey guys sorry I haven't posted back in this thread. I had hired legal counsel, I am in fact charged with a Class C Misdemeanor and have to be present in court the 19th of this month. When I arrive for my arraignment I will be booked, photographed etc just like a thief, burglar, etc.
I do not have my citation on me at the moment so I can't post the exact #s

CW,I took over the driving when my friend decided he did not like the way my car drove. I never claimed to not be driving. The stop occurred due to a report of a hit and run, reckless driver...not me driving when the call was made.

RDJ, I'm very aware of the things I do and how they can effect my business and personal life 99.9% of the time. However in this case I had no idea I'd be driving when we left my house, if that thought would have came to mind d have taken my license. Nowhere in any of my posts have I bitched about the stop or the citation I was given. I just asked for input as I've never had experience with this type of fine or citation
I think the officer could have handled it differently; however he had a reason to stop me and I have no problem with it other than the fact that the person who called it in falsely reported a hit and run.
Since my first posts I've contacted the department I contracted with and informed them of my situation, they do not believe it will have any effect on my business/ license with them...thankfully.