OREGON - "Failure to obey traffic control device" ticket ORS 811.265

[jddean123]

Medford, Oregon -- I received a "Failure to obey traffic control device" ticket (ORS 811.265 http://www.oregonlaws.org/ors/811.265 ) last Saturday (April 26th, 2014) around 2am (I work 3pm to midnight and worked a little late) on my way home from work. I work at a news station and have never had any problem with any of the police departments in this area.

There is an intersection around the block from the station that is always a pain. The light turned yellow as I was coming up to it. It was too late to stop, so I go through it, with a Medford PD Officer about a block behind me. I leaned forward and made sure the light was still yellow as I exited the intersection. I get to the next light which is red. The officer turns on his lights and goes through the red light to get to me. He pulls me over and alleges I ran a red light at the previous intersection. I told him it was still yellow. He distracts me with telling me I also made an unsafe lane change, but he wouldn't tell me where that was and he didn't ticket it me for it. He ends up ticketing me for "Failure to obey traffic control device."

I've read through the law cited on the ticket and the "Appropriate driver responses to traffic control devices" (ORS 811.260 http://www.oregonlaws.org/ors/811.260) it cites, and the law regarding yellow lights is rather basic. If the driver feels it is unsafe to stop on a yellow light, the driver is to proceed through the intersection with caution.

I have a pretty good driving record and am one of the best drivers at my station. I have driven a vehicle with around $100k worth of equipment inside it 8hrs a day, 5 days a week for the last 3 years. I HAVE to be safe. I have never had an accident and would never drive through a red light and the fact that the officer blatantly alleged that I did is rather irritating.

I've never dealt with an Oregon traffic court, I have in California a few times and gotten the citations dismissed.

Do I have a defense? or am I screwed?

 

[HighwayMan]

The light turned yellow as I was coming up to it, as it always does. It's always too late to stop,

Since it ALWAYS turns yellow upon YOUR approach maybe you should anticipate that and just slow down.

I have driven a vehicle with around $100k worth of equipment inside it 8hrs a day, 5 days a week for the last 3 years. I HAVE to be safe.

Hardly a defense. I've seen plenty of unsafe drivers operating valuable vehicles or those loaded with valuable cargo.

 

[jddean123]

I didn't realize this was one of those "shoulda, coulda, woulda" advice forums. Telling me what I should have done after the fact doesn't help me in any way. By the way, I tried that last night on my way home. I literally had to go 10 mph (in a 30mph zone) to wait for the light to change to keep from getting too close before it changed. It's not a very long block. According to Google Maps, it's a little short of 400 feet from the left turn onto Riverside to the next light.

Either way, the law covers the safety issue of yellow lights and if it is unsafe to stop, to continue through the intersection cautiously: "If a driver cannot stop in safety, the driver may drive cautiously through the intersection." (ORS 811.260 http://www.oregonlaws.org/ors/811.260 referenced by 811.265 http://www.oregonlaws.org/ors/811.265 as "Appropriate driver responses to traffic control devices").

I was just reading over another post where the driver was in a semi-truck ( https://forum.freeadvice.com/speeding-other-moving-violations-13/811-265-failure-obey-traffic-control-device-548122.html#post2803863 ) in a semi similar situation. The judge ended up telling him that he must concentrate on how long the light has been green and predict when the light will turn yellow. He still got the fine, but it was reduced. How can a judge pull that kind of crap?

Also, I was told of an interesting tactic of which I am unsure if it's even possible. An editor at my station told me I could "fire" the judge (I think he meant request a different judge). He said once you get through enough of them, the court eventually decides it's not cost effective for the violation. Anybody else heard of this in Oregon?

 

[racer72]

How can a judge pull that kind of crap?

Very simple, it's called facing a stale green light. This is taught in many driver's ed classes and is one of the 7 basic keys to safe driving taught by a well know high performance driving school. Unfortunately, the common response to such a situation is to speed up, not slow down.

Also, I was told of an interesting tactic of which I am unsure if it's even possible.

Tell your editor to prove it. When he can't, you can call him an idiot. There are very specific ways to have a different judge hear a case, you can't fire a judge. If this really worked, everyone would be doing it.