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Oregon - Ticket for failure of full stop at red light?

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straitfluch

Junior Member
pictures enclosed:
http://i55.tinypic.com/2zedth2.jpg
http://i55.tinypic.com/69g8jd.jpg

Hi. I was given a ticket for violation of 811.265 in Oregon (Failure to obey traffic control device).

I was at a 4 way intersection in the right lane. The light was red but I stopped and looked both ways, then turned to the right. Right after I turned, I noticed a black police car in my rear view mirror that was too close to me. So I immediately pulled to the right a little, hit the curb of a sidewalk, came off the curb, and stopped (there were no pedestrians on the sidewalk). The police stopped, then turned on the emergency lights and got out and gave me a ticket.

I can't remember exactly why he gave it to me (for failure to come to a full stop at red light or because I pulled over and hit a sidewalk curb when I noticed a police car behind me). I do remember that he said that I rolled through the red light. But, I stopped adequately, looked both ways and simply did not see his car coming so close. This could be because his car is black and was obscured (by large trees around the street he was going down, which may have made the shade obscure his car when I was about to turn).

My base fine is $289 and I have a court appearance date in 20 days. This will be my first traffic violation in 4 years of driving (2 years with a driver's permit, 2 years with a license).

How should I proceed? What do you think my best argument is? Should I try to get the officer's notes, to find out exactly why he issued the violation? Should I fight the ticket? Should I plead guilty, not guilty, or no contest? Should I hire an attorney? How much will an attorney probably cost? How much will my insurance probably rise as a consequence of this ticket?

Thanks for the help.

Again, pictures enclosed
http://i55.tinypic.com/2zedth2.jpg
http://i55.tinypic.com/69g8jd.jpg
 


racer72

Senior Member
But, I stopped adequately
Adequately and coming to a full and complete stop are 2 different things. Your only defense to to prove you came to a complete stop and you admit you may not have. The pictures don't help your cause at all, not seeing the officer is not an excuse for not coming to a complete stop.
 

xylene

Senior Member
You turned right on red unsafely, in front of a cop, so badly that you had a minor car accident (yes drilling the curb is car accident) and you are wondering what to do?

If you don't want to take you lumps... and the officer could have give you a more serious ticket for the light and at least 2 tickets for the curb incident (striking the curb and driving on the sidewalk)

then you should get a lawyer.

I will say this much, nothing you have said, the trees or the black car form any basis of a defense.
 

FlyingRon

Senior Member
Told him the same thing this morning over on ExpertLaw but I guess he's shopping for a better answer.
 

I_Got_Banned

Senior Member
I stopped adequately, looked both ways and simply did not see his car coming so close. This could be because his car is black and was obscured (by large trees around the street he was going down, which may have made the shade obscure his car when I was about to turn).
You were not cited for "failure to yield. So your "black car obscured by trees" as well as the pictures you posted mean "nothing".

You were cited for:

811.265 Failure to obey traffic control device; penalty.
(1) A person commits the offense of driver failure to obey traffic control device if the person drives a vehicle and the person does any of the following:
(a) Fails to obey the directions of any traffic control device.
(b) Fails to obey any specific traffic control device described in ORS 811.260 in the manner required by that section.
(2) A person is not subject to this section if the person is doing any of the following:
(a) Following the directions of a police officer.
(b) Driving an emergency vehicle or ambulance in accordance with the privileges granted those vehicles under ORS 820.300.
(c) Properly executing a turn on a red light as authorized under ORS 811.360.
(d) Driving in a funeral procession led by a funeral lead vehicle or under the direction of the driver of a funeral escort vehicle.​
(3) The offense described in this section, driver failure to obey a traffic control device, is a Class B traffic violation.​

I don't know what Oregon's discovery rules are or whether you can obtain a copy of the officer's notes... But I can tell you this one is easy to guess. You rolled your "stop" at the red light; meaning, you failed to stop as required by ORS 811.260(5):

811.260 Appropriate driver responses to traffic control devices.
This section establishes appropriate driver responses to specific traffic control devices for purposes of ORS 811.265. Authority to place traffic control devices is established under ORS 810.210. Except when acting under the direction of a police officer that contradicts this section, a driver is in violation of ORS 811.265 if the driver makes a response to traffic control devices that is not permitted under the following:
...
(5) Steady circular red signal. A driver facing a steady circular red signal light alone shall stop at a clearly marked stop line, but if none, before entering the marked crosswalk on the near side of the intersection, or if there is no marked crosswalk, then before entering the intersection. The driver shall remain stopped until a green light is shown except when the driver is permitted to make a turn under ORS 811.360.
...​

So all the officer has to testify to is that you failed to stop at the marked stop line before entering the intersection as required by 811.260(5) which is in violation of 811.265(b).

Keep in mind that based on what you posted, I can see more that 1 violation... Theoretically, the officer could have ALSO cited you for "failing to yield" (since you entered the intersection without yielding the right of way to him with him being so close) which is where your "obscured by trees" argument would come in -although it doesn't sound too convincing considering it was clear daylight at 2:40pm. Additionally, (as stated by Xelene) he could have cited you for hitting the sidewalk and driving over it when you stopped.

You're free to fight it if you choose... the way I see it, you already got your break in that it could have been much worse!
 

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