State v. Goldman

If nonappearance on a citation constitutes "mistake, inadvertence, surprise or excusable neglect" under ORS 153.820(7), an individual is relieved from the doubling of fines.

Goldman appealed a judgment which denied him relief from a default conviction for using a temporary "no parking" spot wherein his fines were double because he did not appear in court. While out of town, Goldman left his car parked on a Portland street for a week. When he returned he found his car had been towed. Goldman paid the fees associated with the towing of his vehicle but claimed he did not receive a citation for the parking violation. Months later, Goldman received a letter from the circuit court stating that he had been convicted of a parking violation and his fine had been doubled because he had not appeared in court. He sought relief from this judgment by writing a declaration to the court explaining that he had never received notice because he had not been issued a citation. The court ruled that he had not set fourth sufficient grounds for relief as outlined in ORS 153.820(7). This Court held that, through his declaration, he had showed that his failure to appear in court was on the basis of “mistake, inadvertence, surprise or excusable neglect” as required by the statute. Reversed and remanded.