Passing in No Passing Zone - did I really do it

[cited in PDX]

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

Last week during evening commute I was on this road that had 2 lanes for traffic going straight with a long wait time, and I needed to make a left turn.

so I moved into center lane (used for making left turn from both direction) and drove to left turn signal. Before moving into center lane Ichecked blind spot, put left turn signal on, made sure no one was coming from opposite direction (ensured not blocking someone's right of way) and drove really slowly (20 mph in 40 mph) zone.

I was cited for passing in a no passing zone (OR 811.420). The officer told me that I should have waited for left turn lane to open up before moving in that lane.

Did I really commit the offence of 811.420 (Passing in No Passing Zone)?

Note that there was 'DO not pass' sign, or double solid yellow line and I was trying to get around obstruction i.e. all the cars that were waiting to go straight without getting into someone's right of way.

Here is the definition of ORS 811.420

811.420 Passing in no passing zone; exceptions; penalty. (1) A person commits the offense of passing in a no passing zone if the person drives a vehicle on the left side of a roadway in a no passing zone that has been established and designated to prohibit such movements by appropriate signs or markings posted on the roadway.

(2) The authority to establish and post no passing zones for purposes of this section is established under ORS 810.120.

(3) The provisions of this section do not apply under any of the following circumstances:

(a) When a driver turns left into or from an alley, intersection, private road or driveway.

(b) When an obstruction or condition exists making it necessary to drive to the left of the center of the roadway provided that a driver doing so shall yield the right of way to all vehicles traveling in the proper direction upon the unobstructed portion of the roadway within a distance that would constitute an immediate hazard.

(4) The offense described in this section, passing in a no passing zone, is a Class B traffic violation. [1983 c.338 §639; 1985 c.16 §316]

[I_Got_Banned]

did I really do it

Yes, you really did it.

Note that the statute says:

...no passing zone that has been established and designated to prohibit such movements by appropriate signs or markings posted on the roadway.

Markings posted on the roadway means those yellow lines that you went over as you made the change into the cetner lane.

Also, your movement is not one of the exclusions listed in subsections 3.a and 3.b...

[cited in PDX]

I think its more like ORS 811.310 - and then too exemption 2b might apply.

So was I cited for the wrong reason? Is this reason enough to convince the judge to drop the charges?

Section 811.310 - Crossing center line on two-way, four-lane road; exceptions; penalty.
(1) A person commits the offense of crossing the center line on a two-way, four-lane road if the person is operating a vehicle on a two-way roadway that has four or more lanes for moving traffic and the person drives to the left of the center line of the roadway.

(2) A person is not prohibited from driving to the left of the center line of a roadway by this section under the following circumstances:

(a) When authorized by a traffic control device designating certain lanes to the left side of the center of the roadway for use by traffic.

(b) When an obstruction or condition exists making it necessary to drive to the left of the center of the roadway, provided that a driver doing so shall yield the right of way to all vehicles traveling in the proper direction upon the unobstructed portion of the roadway within a distance as to constitute an immediate hazard.

(c) When making a left turn at an intersection, alley or private road or driveway.

(3) The offense described in this section, crossing the center line on a two-way, four-lane road, is a Class B traffic violation. [1983 c.338 §618]

[ElvinMelvin]

Originally Posted by cited in PDX

I think its more like ORS 811.310 - and then too exemption 2b might apply.


(2) A person is not prohibited from driving to the left of the center line of a roadway by this section under the following circumstances:

(a) When authorized by a traffic control device designating certain lanes to the left side of the center of the roadway for use by traffic.

(b) When an obstruction or condition exists making it necessary to drive to the left of the center of the roadway, provided that a driver doing so shall yield the right of way to all vehicles traveling in the proper direction upon the unobstructed portion of the roadway within a distance as to constitute an immediate hazard.

So you want to go to court and tell the judge that the obstruction/condition that necessitated you crossing the yellow line onto the other side of the roadway was the line of cars patiently waiting their turn?

Might not fly.

[I_Got_Banned]

Originally Posted by cited in PDX

I think its more like ORS 811.310 - and then too exemption 2b might apply.

So was I cited for the wrong reason? Is this reason enough to convince the judge to drop the charges?

Section 811.310 - Crossing center line on two-way, four-lane road; exceptions; penalty.
(1) A person commits the offense of crossing the center line on a two-way, four-lane road if the person is operating a vehicle on a two-way roadway that has four or more lanes for moving traffic and the person drives to the left of the center line of the roadway.

(2) A person is not prohibited from driving to the left of the center line of a roadway by this section under the following circumstances:

(a) When authorized by a traffic control device designating certain lanes to the left side of the center of the roadway for use by traffic.

(b) When an obstruction or condition exists making it necessary to drive to the left of the center of the roadway, provided that a driver doing so shall yield the right of way to all vehicles traveling in the proper direction upon the unobstructed portion of the roadway within a distance as to constitute an immediate hazard.

(c) When making a left turn at an intersection, alley or private road or driveway.

(3) The offense described in this section, crossing the center line on a two-way, four-lane road, is a Class B traffic violation. [1983 c.338 §618]

First of all, you were charged in violation of 811.420 NOT 811.310.. So for you to go in arguing that an exclusion in a different code section than the one you were charged with is not going to get you anywhere.

Furthermore, 811.310 does not apply because you were driving in an area maked by 2 adjacent lines -NOT one line-...

lastly, you couldn't justify your actions of driving to the left of the center line (described in 811.310) since none of those exclusions apply either(read ElvinMelvin's post).

[cited in PDX]

Thanks for providing advice on my case. The reason that I talked about 811.310 was to show that I was cited for the wrong reason. Thanks for pointing out that 811.310 does not apply to my situation. I believe 811.346 is exactly what is applicable.

So I have a few questions:

1. What kind of defence, if any, can I build around the fact that I was cited for wrong reason? i.e. 811.420 instead of 811.346. Is being cited for wrong reason enough to get the case dismissed?

2. Digging through previous posts, I found exactly same situation ([url]http://forum.freeadvice.com/speeding-other-moving-violations-13/citation-passing-no-pass-zone-191138.html[/url]). Can I use similar defence?

3. I have been driving in Oregon for 6 yrs with a clean record, can I leverage that to get the citation dismissed / reduced based on the fact that its my first offence?

4. Any other ideas/tips/research sources?

Sorry some of my questions might seem basic but its my first ticket and I am not aware of all the options available to me to defend myself.

The advice that you guys have provided is really helping me decide what to do.

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811.346 Misuse of special left turn lane; penalty. (1) A person commits the offense of misuse of a special left turn lane if the person uses a special left turn lane for anything other than making a left turn either into or from the special left turn lane.

(2) A person who turns into a special left turn lane from an alley, driveway or other entrance to the highway that has the special left turn lane is in violation of this section if the person does anything other than stop in the lane and merge into traffic in the lane immediately to the right of the person’s vehicle.

(3) As used in ORS 811.345 and this section, a "special left turn lane" is a median lane that is marked for left turns by drivers proceeding in opposite directions.

(4) The offense described in this section, misuse of a special left turn lane, is a Class B traffic violation. [1997 c.468 §2]

[I_Got_Banned]

Originally Posted by cited in PDX

Thanks for providing advice on my case. The reason that I talked about 811.310 was to show that I was cited for the wrong reason. Thanks for pointing out that 811.310 does not apply to my situation. I believe 811.346 is exactly what is applicable.

So I have a few questions:

1. What kind of defence, if any, can I build around the fact that I was cited for wrong reason? i.e. 811.420 instead of 811.346. Is being cited for wrong reason enough to get the case dismissed?

2. Digging through previous posts, I found exactly same situation ([url]http://forum.freeadvice.com/speeding-other-moving-violations-13/citation-passing-no-pass-zone-191138.html[/url]). Can I use similar defence?

3. I have been driving in Oregon for 6 yrs with a clean record, can I leverage that to get the citation dismissed / reduced based on the fact that its my first offence?

4. Any other ideas/tips/research sources?

Sorry some of my questions might seem basic but its my first ticket and I am not aware of all the options available to me to defend myself.

The advice that you guys have provided is really helping me decide what to do.

---------

811.346 Misuse of special left turn lane; penalty. (1) A person commits the offense of misuse of a special left turn lane if the person uses a special left turn lane for anything other than making a left turn either into or from the special left turn lane.

(2) A person who turns into a special left turn lane from an alley, driveway or other entrance to the highway that has the special left turn lane is in violation of this section if the person does anything other than stop in the lane and merge into traffic in the lane immediately to the right of the person’s vehicle.

(3) As used in ORS 811.345 and this section, a "special left turn lane" is a median lane that is marked for left turns by drivers proceeding in opposite directions.

(4) The offense described in this section, misuse of a special left turn lane, is a Class B traffic violation. [1997 c.468 §2]

1. Here's how things normally work in court... The officer will testify that a violation occurred... Assuming that he can articulate that the elements of the offense with which you were charged did in fact occur, then you can sit there and argue that 100 other Oregon vehicle code violations apply in your case; that by no means will refute the officer's testimony not will it work in your favor as far as proving that you did not commit the alleged violation as it is descbed in the statute you were cited for. Furthermore, and assuming that you were cited for the wrong code section, so you go in saying "your honor, i was cited for 811.420 when in fact, I violated 811.xxx". What's to stop the officer from re-issuing another citation for 811.xxx and handing it to you as you walk out of court? While that does not happen as often as this example may suggest, it does not mean it cannot happen.

2. The thread that you quoted is not the exact same situation.

3. Your clean driving record has no effect on the elements of the offense that you allegedly committed. We all start with a clean driving record. Some of us die with the same clean record, while others might get numerous license suspensions due to the fact that they got too many convictions. If you want to argue that you have a clean record therefore you should be immune from getting prosecuted for a violation that you committed then give it a shot... Good luck!

[cited in PDX]

How is my case different from the one I mentioned? Like me, he too wanted to make a left turn and seeing a line of vehicles in front got into mutual left turn lane too early. What am I missing?