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Failure to Obey Traffic Control Device, But Stop Sign Was Missing

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  • 06-14-2011, 12:20 AM
    Vinson1213
    Failure to Obey Traffic Control Device, But Stop Sign Was Missing
    My question involves a traffic ticket from the state of: Oregon

    A couple of days ago I was given a ticket for running a stop sign ("not stopping all the way") by an Oregon State Trooper. When he told me that, I was really confused about it and went back to look at that intersection after he gave me a $300.00 ticket. When I looked, it seems as if there is no stop sign (or even a sign at all) for the lane I was in. Please look at the picture below of the intersection (I was taking a right turn here).

    From my understanding, according to ORS 810.200 - Oregon Traffic Devices must comply with ORS 734-020-000 laws, correct?

    ORS 734-020-0005
    Manual on Uniform Traffic Control Devices:
    (1) In accordance with ORS 810.200, the 2003 Edition of the Manual on Uniform Traffic Control Devices with Revision no. 1 Incorporated, dated November 2004 (U.S. Department of Transportation, Federal Highway Administration) is hereby adopted by reference as the manual and specifications of uniform standards for traffic control devices for use upon highways within this state.


    In the MUTCD, Section 2B.06 STOP Sign Placement
    Standard: The STOP sign shall be installed on the right side of the approach to which it applies. When the STOP sign is installed at this required location and the sign visibility is restricted, a Stop Ahead sign (see Section 2C.29) shall be installed in advance of the STOP sign. The STOP sign shall be located as close as practical to the intersection it regulates, while optimizing its visibility to the road user it is intended to regulate.

    I do have pictures of the intersection if anyone is interesting in a better idea of my argument. There is clearly no stop sign on the right side of my lane. Can someone tell me where my argument is wrong? How can I be sighted for running this stop sign when there is not one? Also, I do have a question about how I should plea (since I have to write a letter - out of town). Thanks!!
  • 06-14-2011, 06:25 AM
    flyingron
    Re: Failure to Obey Traffic Control (Stop Sign Missing) - Oregon
    I see no pictures. What do you mean "for the lane you were in?" Were there stop signs otherwise? What sort of intersection was it? Four-way, T? etc... In cases like coming from the meeting side of the T a stop is implied even without a sign. In other situations (where you would not expect to stop absent a sign) you might have a case.
  • 06-14-2011, 09:37 AM
    Vinson1213
    Re: Failure to Obey Traffic Control (Stop Sign Missing) - Oregon
    Sorry, it wouldn't let me upload the picture. I can e-mail you them though - if you would like. I was a side road joining with a highway (similar to a T). However, the road made a Y - one lane for left turns and the other lane for right turn (these were two separate lanes off the Y). There was a stop sign between the lanes, but according to the MUTCD the stop sign must be on the right side of each lane it applies to.
    From my perspective, there was no stop sign - so I took it as a yield. I slowed down enough to see no traffic was coming at all and then continued without a complete stop. Basically, I was confused because the stop sign seemed to apply to those turning left only since it was on the right side of that lane. The MUTCD says that the stop sign can only be on the left if it is additional to the required right side placement/position.

    Am I correct in my thoughts? What other ideas might there be? Also, I am willing to send pictures too so that it maybe better to understand.
    You may also check out the street view in Google Maps.. Just type in "Joe Wright and Highway 97 Klamath Falls, Oregon" into google and look at the map. You can then see the intersection, Y, and stop sign placement.
    Thanks!
  • 06-14-2011, 12:02 PM
    blewis
    Re: Failure to Obey Traffic Control (Stop Sign Missing) - Oregon
    As long as you were, indeed, cited under ORS 811.260 (11), I agree with your logic. I can see from the street view in Google Maps, where you'd think the sign would apply to the "middle" lane and NOT to the right hand lane. The only problem I see is the "stop line" in the right hand lane, but I think your argument should still fly. If you were NOT cited under 811.260, please tell us what law you were cited under.

    Be sure you print out copies of the pertinent laws and MUTCD chapters and take them with you.

    Barry
  • 06-14-2011, 12:22 PM
    Vinson1213
    Re: Failure to Obey Traffic Control (Stop Sign Missing) - Oregon
    Yes. I believe it is ORS 811.265

    I looked at the stop line and had the same thought. However, there is also a "stop/yield" line at an area where yield signs are typically posted. So it could be either one.
    My main thought is that the Oregon has a law that signs must following the MUTCD as it's control device guidelines, then everything must fit their required guidelines in order to be enforceable. It's stated clear that each lane must have a stop sign on the right side that it is assigned to in the MUTCD. To me, the placement of the stop sign applies only to the left lane. There is only one single stop sign for two separate lanes. Easily confusing. If the rules/laws were broken by not placing a stop sign where it is required, then it can't be enforceable - correct?

    Also, I am not able to appear for this. So I have to write in. Do I write in and say not guilty and give this explanation and pictures? Or can I do a trial by written appearance? I am fairly new to this.
  • 06-14-2011, 01:45 PM
    blewis
    Re: Failure to Obey Traffic Control (Stop Sign Missing) - Oregon
    Take a look at State v. Boly, 210 Or App 132, 149 P3d 1237 (2006). I can't give you a link to it, but you can find it in FindaCase. Go to OR cases, then type "State v Boly" (including the quotes) into the search box. Check "Oregon Appellate Courts", enter your ZIP, and the security code. That case basically cites ORS 810.250 (1) which states:

    Quote:

    Quoting ORS 810.250
    (1) A person shall not be convicted of violating a provision of the vehicle code for which an official traffic control device is required if the device is not in proper position and legible to a reasonably observant person at the time and place of the alleged violation.

    It goes on to state that, while the state does NOT have to prove that the TCD was in the proper place as an element of the infraction, it IS an affirmative defense that can be raised by the defendant. (There's NOTHING better than statutes and cases to back up your photos).

    Good luck,
    Barry
  • 06-14-2011, 03:22 PM
    Vinson1213
    Re: Failure to Obey Traffic Control (Stop Sign Missing) - Oregon
    Thank you very much Barry!

    So, it looks like with the combination of two or three ORS laws and the pictures - I should be correct (theoretically).

    I should bring up ORS 810.250, ORS 811.265, ORS 810.200, ORS 734-020-0005 (traffic devices), and the section from the CUTCD - correct?

    My other concern was how to contest this ticket through written appearance? Do I simply write a not guilty letter with all of this evidence included? Or do I need to schedule some type of trial?
  • 06-14-2011, 06:13 PM
    blewis
    Re: Failure to Obey Traffic Control (Stop Sign Missing) - Oregon
    I have NO experience with OR courts, nor do I even know if you can do a "trial by affidavit". You'll probably have to call the clerk of the court and ask about it. If they don't allow it, ask for a continuance until you ARE able to appear.

    Barry
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