my co worker needs advice court is tomorrow

What is the name of your state? Oregon HI there here is the situation that i understood by what she told me. She was in a parking lot trying to go left. There are two lanes of traffic that are going right that she would have to cross to get to the medium. The car in the right lane,closest to her,stopped so she could cross. After looking to the left into the lane further from her,she saw no cars coming so she proceded to the medium. Next thing she knew, she and another car collided. She thinks the other car came from behind the car that stopped for her,so this car passes the car to the left causing them to collide. Is she still totally at fault since she looked and there was no other car? The officer that arrived there gave her a ticket for reckless driving. Does she plead not guilty? She says she doesnt feel that she did anything reckless because when she looked,there were no cars coming. She says that the only way she could have missed this car is if it was waiting behind the car that stopped for her,got impatient and went around the car to the left,which is where she was passing to get into the medium. She said that there is a witness and she emailed her from work to see if she saw where this car came from. If it did in fact come from the car behind the one that stopped for her,does she try to fight the ticket? Is what she did really reckless driving? Well,this is what she wanted to know,she goes to court over the traffic ticket tomorrow morning. Your advice is really appreciated! Thanks in advance!

Regardless of if the other car came around, she is at fault.

Without knowing the specific section your coworker was cited for, a reasonably accurate answer can't be provided.

What was the code section(s) your coworker was cited for?

Was this entirely within a parking lot? In other words, were all the turning vehicles AND your coworker conducting these movements within a parking lot?

Sometimes officers write sections that are not applicable on private property. However, certain rules of the road MAY be applicable on private property in OR either by statute or by permission of the property owner. I can look it up a little further once you get the code section.

- Carl

hi carl

CdwJava said:

Without knowing the specific section your coworker was cited for, a reasonably accurate answer can't be provided.

What was the code section(s) your coworker was cited for?

Was this entirely within a parking lot? In other words, were all the turning vehicles AND your coworker conducting these movements within a parking lot?

Sometimes officers write sections that are not applicable on private property. However, certain rules of the road MAY be applicable on private property in OR either by statute or by permission of the property owner. I can look it up a little further once you get the code section.

- Carl

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i will get the code section(s) you were asking for. Is it on her ticket somewhere? She was in the parking lot pulling out into the street,the car that stopped for her and the car that collided with her was in the street.

cdwjava

sorry i cant seem to get through to her...i will keep trying. I didn't want you to think i was stalling or anything. I hope for her sake,i get this info soon!!

turbowray said:

i will get the code section(s) you were asking for. Is it on her ticket somewhere? She was in the parking lot pulling out into the street,the car that stopped for her and the car that collided with her was in the street.

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Okay ... ugh. She IS in trouble.

When entering into traffic it is almost ALWAYS the responsibility of the vehicle to exit private property and enter or cross traffic only when it is safe to do so. It is generally considered prima facie ("on its face") evidence of an unsafe entry into traffic if the vehicle entering traffic is struck by a vehicle with the right of way. Further, the car that stopped for her had no legal obligation to do so and, in fact, likely broke the law to have stopped to permit her to cross.

Please get the section (it should be on the citation), but I am going to guess she is up a creek here.

- Carl

CdwJava said:

Okay ... ugh. She IS in trouble.

When entering into traffic it is almost ALWAYS the responsibility of the vehicle to exit private property and enter or cross traffic only when it is safe to do so. It is generally considered prima facie ("on its face") evidence of an unsafe entry into traffic if the vehicle entering traffic is struck by a vehicle with the right of way. Further, the car that stopped for her had no legal obligation to do so and, in fact, likely broke the law to have stopped to permit her to cross.

Please get the section (it should be on the citation), but I am going to guess she is up a creek here.

- Carl

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Thanks carl,i have a feeling your right lol! I told her when i was younger i got hit by a car the exact same way,and i got a ticket for jaywalking lol! I doubted she could get out of it but wasn't sure since the car went around the other car after she looked. Thanks for your patience,her loss if she doesnt contact me.

question

Is wreckless driving the ticket the officer should have given her? Seemed pretty extreme. I always thought of wreckless driving as someone weaving in and out of traffic at high speeds.

turbowray said:

Is wreckless driving the ticket the officer should have given her? Seemed pretty extreme. I always thought of wreckless driving as someone weaving in and out of traffic at high speeds.

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It depends on the definition of "reckless" in your state. That's why the exact code section is important. It also might be shorthand by the officer and not be a reckless driving statute at all.

Heh ... and it was not a "WRECKless" act ... a "wreck" DID occur.

- Carl

lmao

CdwJava said:

It depends on the definition of "reckless" in your state. That's why the exact code section is important. It also might be shorthand by the officer and not be a reckless driving statute at all.

Heh ... and it was not a "WRECKless" act ... a "wreck" DID occur.

- Carl

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to cute carl ha ha ha!!

here it is

careless driving not wreckless sorry. The code is 811.135

turbowray said:

to cute carl ha ha ha!!

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I've been waiting for a long time to be able to do that!

- Carl

turbowray said:

careless driving not wreckless sorry. The code is 811.135

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ORS 811.135 Careless driving; penalty. (1) A person commits the offense of careless driving if the person drives any vehicle upon a highway or other premises described in this section in a manner that endangers or would be likely to endanger any person or property.

(2) The offense described in this section, careless driving, applies on any premises open to the public and is a Class B traffic violation unless commission of the offense contributes to an accident. If commission of the offense contributes to an accident, the offense is a Class A traffic violation. [1983 c.338 §570; 1995 c.383 §20]

It sounds like the section fits what she did.

It also looks as if she faces a fine of up to $600 ... and I cannot seem to find whether there is any possible action on her license, but I imagine there is some kind of a hit against it. The Oregon Revised Statutes are kinda hard to look through as there is no good index. But, there it is.

- Carl

did u get the code??

Thanks for helping me carl!!

thanks carl!!

CdwJava said:

ORS 811.135 Careless driving; penalty. (1) A person commits the offense of careless driving if the person drives any vehicle upon a highway or other premises described in this section in a manner that endangers or would be likely to endanger any person or property.

(2) The offense described in this section, careless driving, applies on any premises open to the public and is a Class B traffic violation unless commission of the offense contributes to an accident. If commission of the offense contributes to an accident, the offense is a Class A traffic violation. [1983 c.338 §570; 1995 c.383 §20]

It sounds like the section fits what she did.

It also looks as if she faces a fine of up to $600 ... and I cannot seem to find whether there is any possible action on her license, but I imagine there is some kind of a hit against it. The Oregon Revised Statutes are kinda hard to look through as there is no good index. But, there it is.

- Carl

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I really appreciate your help!! She says thank you also!! Have a good night!!