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Motion to dismiss

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MikeRSales

Junior Member
What is the name of your state (only U.S. law)? Oregon

ORS 811.350, which states a "dangerous left turn" is when you turn left in front of an on comming VEHICLE heading in the opposite direction. ORS 811.050 refers to failing to yield to a BICYCLE in a bike lane. Is a bicycle a vehicle in Oregon? If my wife made a left turn into our driveway and struck a bicyclist in the bike lane heading in the opposite direction and was cited under ORS 811.350, is the citation defective and would a motion to dismiss on the basis of a defect in the indictment work?

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


seniorjudge

Senior Member
Q: Is a bicycle a vehicle in Oregon? If my wife made a left turn into our driveway and struck a bicyclist in the bike lane heading in the opposite direction and was cited under ORS 811.350, is the citation defective and would a motion to dismiss on the basis of a defect in the indictment work?

A: I do not know. But if it were me, I'd certainly try it. Of course, an amended charge could then be filed.
 

FlyingRon

Senior Member
A bicycle is a vehicle. Vehicle by the ORS:

801.590 “Vehicle.” “Vehicle” means any device in, upon or by which any person or property is or may be transported or drawn upon a public highway and includes vehicles that are propelled or powered by any means. “Vehicle” does not include a manufactured structure. [1983 c.338 §109; 2003 c.655 §94]


Bicycle by the statutes:

801.150 “Bicycle.” “Bicycle” means a vehicle that:
(1) Is designed to be operated on the ground on wheels;
(2) Has a seat or saddle for use of the rider;
(3) Is designed to travel with not more than three wheels in contact with the ground;
(4) Is propelled exclusively by human power; and
(5) Has every wheel more than 14 inches in diameter or two tandem wheels either of which is more than 14 inches in diameter. [1983 c.338 §22]

 

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