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Speed Photo Taken From a Van

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  • 03-05-2014, 10:28 PM
    blau08
    Speed Photo Taken From a Van
    My question involves a traffic ticket from the state of: Oregon

    Today, a new van popped up on my way to school. There was no warning sign that the area was photo enforced. I was probably going 55-60 in a 45mph zone.

    Will I be ticketed? There were no construction zone workers and there was no sign posting the area was photo enforced.

    Thank you for your help!

    - - - Updated - - -

    Quote:

    Quoting blau08
    View Post
    My question involves a traffic ticket from the state of: Oregon

    Today, a new van popped up on my way to school. There was no warning sign that the area was photo enforced. I was probably going 55-60 in a 45mph zone.

    Will I be ticketed? There were no construction zone workers and there was no sign posting the area was photo enforced.

    Thank you for your help!

    So I went back to the area. There was a sign, but it was placed so that it was barely visible. It feels wrong, I drive that road every day, and a new sign that's hardly visible somehow gives the police van permission to photo enforce. I can post a photo.
  • 03-06-2014, 01:02 AM
    Disagreeable
    Re: Speed Photo Taken by Van
    The ticket is not treated any different than if the officer chased you down and gave it to you in person. It was a real officer, using real radar and is a real ticket.

    http://www.portlandoregon.gov/police/30591
  • 03-06-2014, 07:16 AM
    BrianGC
    Re: Speed Photo Taken by Van
    Quote:

    Quoting Disagreeable
    View Post
    The ticket is not treated any different than if the officer chased you down and gave it to you in person. It was a real officer, using real radar and is a real ticket.

    http://www.portlandoregon.gov/police/30591

    Not necessarily so. When an officer chases you down, he identifies the driver of the vehicle and issues the citation to the correct person. He doesn't threaten the occupants in the vehicle to identify the driver.
  • 03-07-2014, 07:45 PM
    That Guy
    Re: Speed Photo Taken by Van
    Quote:

    Quoting blau08
    View Post
    So I went back to the area. There was a sign, but it was placed so that it was barely visible.

    "Barely visible" is fairly subjective... In fact, there are times when "there was no sign" appears to be subjective on this forum...

    Quote:

    Quoting blau08
    View Post
    It feels wrong, I drive that road every day, and a new sign that's hardly visible somehow gives the police van permission to photo enforce.

    Well, now that you know where the police van has been parking, you can try to avoid future citations by slowing down through that segment of your commute. And no, the sign does not give permission to the police van to photo enforce... The state legislature gave that permission when it enacted laws regulating the process.

    Now, if there are provisions requiring a sign be posted announcing the presence of speed detection equipment and if those provisions further dictate that the sign must be posted, those same provisions or some other element must be clearly pointing towards a dismissal as a remedy (for a missing sign or one tat isn't visible) for the court to entertain such a motion.

    In addition, you should keep in mind that (assuming you do get a citation) AND unless you can somehow prove that the sign was not visible at the time that you committed the violation which you were cited for, then a picture taken the next day, the week after or even an hour after the time you went by and got caught, is not truly representative of the facts at the time you committed the offense.

    Quote:

    Quoting blau08
    View Post
    I can post a photo.

    As I stated above... Barely visible is subjective to a great degree. Post it (you have to upload it to an image hosting website like Photobucket and then post a link to it from that site, here), and let us see!




    Quote:

    Quoting So Cal
    View Post
    Not necessarily so. When an officer chases you down, he identifies the driver of the vehicle and issues the citation to the correct person. He doesn't threaten the occupants in the vehicle to identify the driver.

    This has nothing to do with whether the officer has chosen to chase anyone down or not. And it has nothing to do with identifying the driver by way of threats to the occupants in the vehicle to identify the driver.

    Do yo have anything to contribute that might help the OP any?
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