Temporary Stop Sign Violation
My question involves a traffic ticket from the state of: Oregon (811.265)
I got a ticket for going through a temporary stop sign. The highway was closed immediately ahead and traffic was being diverted left/right, so I made the left turn and got pulled over.
I went back to the 'intersection' on my return journey and looked to see what I had missed (and took a picture). Sure enough, to the right of my lane was a row of cones, at the end of which - ground level - was a temporary stop sign. I stood and watched for 5 minutes as the cops repeatedly hid and pulled other motorists over for doing the same thing. To be fair I'd say 60% stopped and the other 40% did a rolling stop.
I'm annoyed at myself for missing it - unfamiliar road, temporary diversion, lots of traffic signs.. But I'm also annoyed because the sign was partially obscured by the cones with it being so low down. I'm also annoyed the cops were continuing to hide and ticket people - surely if this was a 'safety' issue they'd make the sign more prominent, or make themselves visible.
So, 'no contest + letter' or fight it?
Re: Temporary Stop Sign Violation
Go look at the manual on uniform traffic control devices and read up on temporary signage....your answer will lie there.
I don't recall off the top of my head.... you may or may not have a good defense.
Re: Temporary Stop Sign Violation
The police don't set up the signs. The police often will set up to enforce signs that large numbers of people are ignoring, because that's how they protect other drivers and pedestrians from the resulting hazard.
You can explore the MUTCD and Oregon's supplement to see if the signage was properly placed; improper signage or placement creates a potential defense to the ticket.
Re: Temporary Stop Sign Violation
Thanks for that. It seems 6F.03 paragraph 11 allows them to use portable sign supports - that would otherwise contravene the height requirements - for 3 days. And then paragraph 12 allows them to go beyond 3 days for pretty much every major sign.
My next defence will be trying to show that the row of traffic cones was obscuring the portable sign. Fortunately I have a picture (although not sure it'll import here properly), how 'conclusive' it is I don't know.http://sdrv.ms/13WXEaj