State v. Daly

• Court: Oregon Court of Appeals
• Area(s) of Law: Civil Law
• Date Filed: 12-30-2015
• Case #: A156494
• Judge(s)/Court Below: Tookey, J. for the Court; Sercombe, P.J.; & Hadlock, J.

"The appropriate time to challenge the existence of the conditions precedent to the issuance of the citation is in a pretrial motion aimed at the efficacy of the charging instrument."

Driver received a speeding ticket through photo radar governed by ORS 811.111. The speeding ticket was mailed to the driver. Driver motioned the court pretrial to dismiss the ticket challenging the efficacy of the ticket, but the trial court judge rules that the motion was premature. The trial court allowed hearsay evidence to be presented during the trial regarding the mailing of the ticket. Defense counsel made proper objects. On appeal, the Court held that the trial court erred by not hearing the merits of the pretrial motion and allowing the hearsay evidence to be admitted without proper exception. Reversed and remanded.

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