citation for passing in a no pass zone

[jc2004]

What is the name of your state? Oregon

I was recently ticketed for passing in a no passing zone and in reality what I was doing is making a left hand turn. I am sure you are all familiar with situations during rush hour that the traffic heading straight is 10 times longer than the left turn lane. What I did was cross over into the left turn lane prior to it's striped starting designation. The lines were a single solid yellow and a dashed yellow. It is recognised as a left turn lane by Oregon Law but according to the officer, I traveled too far and too fast in that lane before the turn signal (I was well below the posted speed and he did not use radar).

My question is, shouldn't a different ticket apply? I didn't pass anyone who wanted to turn left and it seems like a citation for improperly executing a left turn or improper lane use, which certainly would have a lesser fine, would be more appropriate.

On another note, not that this is justification, but people do this same thing constantly.

Does this ticket sound like it's worth fighting?

Thanks!

 

[CdwJava]

What is the code section he cited you for? And those lanes are more or less mutual turn lanes - not a special lane for people to travel in.

Not being familiar with OR law, I don't know for sure, but there MAY be a law that says how far you can travel in one of those before you turn. I suspect it would be no more than 100' or so.

Its possible to fight I suppose ... but you might want to take a look up the section you were cited for first to see what it says.

Carl

 

[jc2004]

Hi Carl,

Thanks for your reply.

811.420 Passing in a no passing zone

http://www.leg.state.or.us/ors/811.html

I can't see anything in the statutes that indicates a limit on how far you can travel in that lane. I think a more appropriate violation would be 811.346 "Improper use of a Special Left Turn Lane" if anything at all.

Maybe I am splitting hairs here but I was not failing to yeild right of way to anyone and I was going around obstructions (other vehicles) in the lane of travel as allowed by 811.420 (3)(b).

Most of the statutes that might apply here seem to be in the area between 811.335 - 811.420

 

[CdwJava]

It would appear that the section used to cite you requires the "no passing zone" be posted. If there are no signs or other indication (like road markings) that it was a no passing zone, I would say that you might have been cited for the wrong section.

However, they might still amend the citation - maybe in court, if that's possible. And, there may be case law or some other clarification that has defined the section to include the mutual turn lane you describe.

Carl

 

[jc2004]

The judge agreed with me and dropped the ticket

Just wanted to leave a follow-up on this. I argued that the statute that I was ticketed for was very specific to the fact that "passing in a no-pass zone" was written to prevent people from getting into oncomming traffic under unsafe conditions. My being in a designated left turn lane (albiet way too soon by the markings on the road) that wasn't the case. Although the judge did say and I must agree with him, that I probably did break some law, it wasn't the one I was ticketed for!

The kicker to this was that the cop pulled me and another car over at the same time and ticketed us for the same offense. They also pleaded not guilty and followed me directly in court. Their ticket was also dismissed. The look on the officers face was priceless!

 

[cited in PDX]

jc2004,

I am in exactly same situation. I wonder if you are still around, and if so -- can you please help me by sharing your experience/argument.

 

[proud_parent]

jc2004,

I am in exactly same situation. I wonder if you are still around, and if so -- can you please help me by sharing your experience/argument.

It's highly doubtful that jc2004 is monitoring this thread, given that his/her last logon was over 3 1/2 years ago.

jc2004
Junior Member
Last Activity: 03-09-2006 04:03 PM