Judge doesn't agree with officer's argument; appeal being considered
Officer Jessica Hull's photo-radar speeding ticket could be steering toward an appeal in Washington County Circuit Court.
James McIntyre, an attorney representing the Beaverton police officer, said he would seriously consider appealing Municipal Judge John T. Mercer's Tuesday evening ruling that Hull was guilty of speeding while on duty.
Mercer ordered her to pay a $125 fine.
'She was not on an emergency call,' Mercer said. 'Therefore, I find the traffic rules apply, as with any other citizen.'
Hull, 29, was reportedly caught on a photo-radar camera driving her patrol car 40 mph in a 30-mph zone on April 16, 2006, in the 12400 block of Southwest Allen Boulevard.
Her lawyer argued that her case should be dismissed on the grounds that city officials violated state law by refusing to drop the case after being advised to do so by the Multnomah County District Attorney's Office.
He also attacked the city for waiting too long to bring the case to trial and failure to use a certified police officer to operate its photo radar van.
Mercer denied all three of McIntyre's motions for dismissal.
Instead, Mercer sided with the city, sending a clear message that on-duty officers would be held to the same traffic rules as any other Beaverton motorist, unless they were responding to an emergency call.
Representatives of the Beaverton Police Association supported Officer Hull's challenge of the photo-radar ticket.
'The city failed to prove that she was acting outside the scope of her duties,' said Officer Randy Kaufmann, president of the Beaverton Police Association.
City officials disagreed and said they supported the court's ruling in the matter.
'The good thing that came out of this ruling is that it shows that our judicial system treats everyone equally, and that's what the mayor and City Council have always advocated,' said Linda Adlard, the mayor's chief of staff.