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  #1  
Old 12-27-2008, 03:38 AM
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Join Date: Dec 2008
Posts: 3

I got a "Passing on a No Passing zone" 811.420, I need Advice


What is the name of your state (only U.S. law)? OREGON

What is the name of your state (only U.S. law)? Oregon, City of Beaverton/Tigard.

I'm 32 years old, male, I commute around 14 miles each way to drop my 2 daughters in our daycare and work 5 days a week.
I need some advice from you (friend or unknown).
Here are the facts: Waiting for a heavy traffic to move faster on a very busy road, around 8:00 am, a 5 lanes road -Murray Rd.- (2 lanes south to north, 2 lanes vice versa and one lane for "turning only)" I was driving north on Murray to later on turn left on Farmington, having perfect visibility on the road, I did crossed about 15 to 20 yards aprox. "before allowed to do so," from the left lane to the center lane (that lane only allowed for people turning) I did make sure nobody was in between me and the access to left turning lane, also made sure nobody had the "turning left" blinker on in front of me, nobody behind me was doing the same thing, nor I could cause an accident in the process of doing it, I did it very safely. I didn't do it to "overtake" other cars. I did it because some mornings that light takes FOREVER for people turning left on Farmington from Murray; you could see 30-40 cars in front of you before having access to the turning left lane is accessible to me. or any other car trying to turn left. The ratio between these lanes could be 40 cars going straight or to the right to only 1 or 2 cars turning left when traffic is heavy, not allowing drivers like me to turn left on Farmington and being traffic efficient. In some cases the lane is so long the cars get backed up to 6th St. and Murray where there's another light and cars don't move, blocking people coming from 6th into Murray. By me doing what I did, allows another car to use my space and avoid getting stock in between the crossing streets.
I realize I crossed over to the turning lane only for a few seconds, I understand I did crossed over a "solid line with a semi-solid or striped line" allowing only people turning left on the road...but that's exactly what I did, I turned left on Farmington (also HWY 10)...the police officer made me feel guilty about me crossing over it before I was "allowed to turn left"...I didn't argued with him... I've never had a ticket before...ever, so I asked him if he would give a warning only, his answer was "I don't know it yet..." he said. About ten minutes later he came back and gave a $336.00 ticket, and misplacing the number of my address on it...he decided to give me a citation for "Passing on a No-Passing zone"...once again I didn't argued with him since he already had it printed out and handed to me. I took the ticket and left to drop my two daughters to the daycare and later on to my work, I arrived ten minutes late to my office since it took him about 15 minutes to give me the citation.
Now I wondered, what made the difference for him to give me the ticket , was it because of my Hispanic name and last name -I hope that's not the case since that would be "profiling" and is ilegal; Was it that I just got the OR license 6 months ago (he probably didn't know I've being a driver for the last 15 years in other states with a clean record); perhaps I didn't argued enough and he thought I wouldn't fight it in court and I would just pay the fee and he would meet his "quota" of tickets given this year...only God knows what was on his mind.
I have being researching about it and I truly believe this ticket was excessive, if I was going to get anything would be "Misuse of the turning lane" or some other citation less severe.
I'm suppose to be in court within 2 weeks from now, I will plead Not guilty since I can't afford the ticket nor risking my insurance and my wife's insurance to go up for both cars we own - 2000 Dodge van and a 2001 Nissan sedan.
I need help from you; I need to know What to do to get out clean from this?
I understand I "made a mistake" by crossing the solid lane; but isn't a mistake of the Traffic Engineers and/or any other "planners" to solve this issue, they are not considering people/cars like me/mine turning left and OVER-WAITING to get to the access to the light to turn left...
Please advice,
Thank you.
ESV

Last edited by 811.420 -no way; 12-27-2008 at 03:42 AM.
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  #2  
Old 12-27-2008, 03:43 AM
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Join Date: Jan 2005
Posts: 21,710
I doubt your hispanic last name, or your time in state or any perceived "quota" had anything to do with it. More likely, it's the fact that you are GUILTY of the offense

Quote:
Originally Posted by 811.420 -no way View Post
What is the name of your state (only U.S. law)? OREGON

What is the name of your state (only U.S. law)? Oregon, City of Beaverton/Tigard.

I'm 32 years old, male, I commute around 14 miles each way to drop my 2 daughters in our daycare and work 5 days a week.
I need some advice from you (friend or unknown).
Here are the facts: Waiting for a heavy traffic to move faster on a very busy road, around 8:00 am, a 5 lanes road -Murray Rd.- (2 lanes south to north, 2 lanes vice versa and one lane for "turning only)" I was driving north on Murray to later on turn left on Farmington, having perfect visibility on the road, I did crossed about 15 to 20 yards aprox. "before allowed to do so," from the left lane to the center lane (that lane only allowed for people turning) I did make sure nobody was in between me and the access to left turning lane, also made sure nobody had the "turning left" blinker on in front of me, nobody behind me was doing the same thing, nor I could cause an accident in the process of doing it, I did it very safely. I didn't do it to "overtake" other cars. I did it because some mornings that light takes FOREVER for people turning left on Farmington from Murray; you could see 30-40 cars in front of you before having access to the turning left lane is accessible to me. or any other car trying to turn left. The ratio between these lanes could be 40 cars going straight or to the right to only 1 or 2 cars turning left when traffic is heavy, not allowing drivers like me to turn left on Farmington and being traffic efficient. In some cases the lane is so long the cars get backed up to 6th St. and Murray where there's another light and cars don't move, blocking people coming from 6th into Murray. By me doing what I did, allows another car to use my space and avoid getting stock in between the crossing streets.
I realize I crossed over to the turning lane only for a few seconds, I understand I did crossed over a "solid line with a semi-solid or striped line" allowing only people turning left on the road...but that's exactly what I did, I turned left on Farmington (also HWY 10)...the police officer made me feel guilty about me crossing over it before I was "allowed to turn left"...I didn't argued with him... I've never had a ticket before...ever, so I asked him if he would give a warning only, his answer was "I don't know it yet..." he said. About ten minutes later he came back and gave a $336.00 ticket, and misplacing the number of my address on it...he decided to give me a citation for "Passing on a No-Passing zone"...once again I didn't argued with him since he already had it printed out and handed to me. I took the ticket and left to drop my two daughters to the daycare and later on to my work, I arrived ten minutes late to my office since it took him about 15 minutes to give me the citation.
Now I wondered, what made the difference for him to give me the ticket , was it because of my Hispanic name and last name -I hope that's not the case since that would be "profiling" and is ilegal; Was it that I just got the OR license 6 months ago (he probably didn't know I've being a driver for the last 15 years in other states with a clean record); perhaps I didn't argued enough and he thought I wouldn't fight it in court and I would just pay the fee and he would meet his "quota" of tickets given this year...only God knows what was on his mind.
I have being researching about it and I truly believe this ticket was excessive, if I was going to get anything would be "Misuse of the turning lane" or some other citation less severe.
I'm suppose to be in court within 2 weeks from now, I will plead Not guilty since I can't afford the ticket nor risking my insurance and my wife's insurance to go up for both cars we own - 2000 Dodge van and a 2001 Nissan sedan.
I need help from you; I need to know What to do to get out clean from this?
I understand I "made a mistake" by crossing the solid lane; but isn't a mistake of the Traffic Engineers and/or any other "planners" to solve this issue, they are not considering people/cars like me/mine turning left and OVER-WAITING to get to the access to the light to turn left...
Please advice,
Thank you.
ESV
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  #3  
Old 12-27-2008, 04:18 AM
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Join Date: Dec 2008
Posts: 3

thx


Ok.
Thank you, I only mentioned those examples because I need to know what crossed his mind when he gave the ticket; he really was considering not to do it before. Now I need to know if I could possibly get out of it clean...any idea in this situation to get out of it clean?
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  #4  
Old 12-27-2008, 05:18 PM
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Join Date: Aug 2008
Location: Back in LA LA land
Posts: 1,690
Quote:
Originally Posted by 811.420 -no way View Post
I have being researching about it and I truly believe this ticket was excessive, if I was going to get anything would be "Misuse of the turning lane" or some other citation less severe.
The lane that you misused is "NOT" a "turning lane". It is a restricted lane that you are not supposed to use at all. Meaning, its a lane that is clearly marked as a "no driving lane"; and you used it with the intention to get to the turning lane by passing other vehicles that you should not be passing in that restricted area of the road. So the "Passing in a 'No Passing Zone'" citation is not excesive.

In other words, imagine if (that restricted area that you used) it was an island, with a 3 or 4 inch ledge and either concrete or plants and trees in the middle of it... What would you do then?

Moreover, the fact that you cannot afford the citation does not by any means or description suggest that it is invalid, unfair or unjustified. You knowingly and intentionally broke the law and regardless of whether you did it to get your girls to daycare, get to work on time or if you were out for a cruise that morning, nothing in your post suggests that you deserve a freebie or a warning...

I'm not too familiar with Oregon's traffic laws but I'm sure there's some kind of traffic school class that you can take to avoid this affecting your insurance rates in any way. More costly but then again, it will save you in the long run!

Good luck!
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Last edited by I_Got_Banned; 12-27-2008 at 05:21 PM.
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  #5  
Old 12-30-2008, 03:18 AM
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Join Date: Dec 2008
Posts: 3

thank you for the advice of traffic school


I appreciate the advice of traffic school.
However...Any ideas to fight the ticket and get out of it clean in court?
Any exceptions to this 811.420 applicable in this situation?
Thx,
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  #6  
Old 12-30-2008, 07:02 AM
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Join Date: Mar 2003
Location: Arlington, Virginia
Posts: 562
Quote:
Originally Posted by 811.420 -no way View Post
I understand I "made a mistake" by crossing the solid lane;
Also known as: admitting guilt.

Quote:
Originally Posted by 811.420 -no way View Post
but isn't a mistake of the Traffic Engineers and/or any other "planners" to solve this issue, they are not considering people/cars like me/mine turning left and OVER-WAITING to get to the access to the light to turn left...
Wow, I'm shocked that nobody called you out on this, as it's along the same vein as the guy who asked how many times he had to stop behind other people at a stop sign before he had "sufficient stoppage."

See, we have the same problem here in the DC area. I'm constantly OVER-WAITING on the beltway to get where I need to be. If only the traffic engineers in BOTH of our areas would realize that we need a 20-lane restricted-access highway straight to our driveways, it would solve the problem.

Quote:
Originally Posted by 811.420 -no way View Post
I appreciate the advice of traffic school.
However...Any ideas to fight the ticket and get out of it clean in court?
Yes. Give the judge that "OVER-WAITING" line you just posted, and perhaps he and the LEO will die laughing. At that point, you're free and clear!
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  #7  
Old 12-30-2008, 10:11 AM
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Join Date: Aug 2008
Location: Back in LA LA land
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Quote:
Originally Posted by 811.420 -no way View Post
I appreciate the advice of traffic school.
Oh, you're quite welcome ESV... It actually didn't require much thought but you're too busy trying to "get out clean" that it probably didn't occur to you...

Give it some thought... Maybe while you're OVER WAITING at the intersection of Murray Rd and Farmington (you know... right there before you make that infamous left turn onto Farmington)... I bet you that in less than the 20 minutes that it usually takes you to get through there, you'll realize that its probably the wisest choice out there...
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  #8  
Old 12-30-2008, 10:46 AM
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Join Date: Feb 2007
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Quote:
Originally Posted by I_Got_Banned View Post
In other words, imagine if (that restricted area that you used) it was an island, with a 3 or 4 inch ledge and either concrete or plants and trees in the middle of it... What would you do then?
Nothing the ol' 4WD couldn't handle.
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  #9  
Old 12-30-2008, 10:57 AM
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Quote:
Originally Posted by FlyingRon View Post
Nothing the ol' 4WD couldn't handle.
... ESV here was driving the minivan
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