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  1. Lights, Signs and Traffic Controls: Re: Failure to Obey Traffic Control Device

    Well of course the person doing the rear-ending would be at fault, but that doesn't change the fact that doing unexpected things (like stopping a green light--as you suggested--to avoid the...
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    Traffic Lane Violations: Re: Unsafe Passing on Should VC 21755(A)

    Seems like the signage contradicts the [faded] road markings. There's a nice sign on the left side of the onramp pointing directly at a travel lane. There's a sign on the right side of the onramp...
  3. Lights, Signs and Traffic Controls: Re: Failure to Obey Traffic Control Device

    It seems like if one can demonstrate a repeatable "malfunction" or in this case proper function of a device, it wouldn't matter if the provided video was of the particular incident that drew the...
  4. Discovery: Re: Can You Be Charged Copying Fees for Discovery Materials

    That is actually covered:
    135.865
    Effect of failure to comply with discovery requirements
    Upon being apprised of any breach of the duty imposed by the provisions of ORS 135.805 (Applicability)...
  5. Discovery: Re: Can You Be Charged Copying Fees for Discovery Materials

    So if the prosecution claims they don't have the officer's sworn statement and SMD calibration in their possession and then attempt to use these things during the trial, they've just been caught in a...
  6. Discovery: Re: Can You Be Charged Copying Fees for Discovery Materials

    This makes sense to me and was what I was thinking. So it would seem that one could bypass this farce by submitting my discovery request directly to the prosecution, and they're obligated to provide...
  7. Discovery: Re: Can You Be Charged Copying Fees for Discovery Materials

    This doesn't make sense to me. I'm not making a public records request, I'm making a discovery request per ORS 135.815. The fact that discovery information may also be a public record doesn't make...
  8. Discovery: Re: Can You Be Charged Copying Fees for Discovery Materials

    So would a logical conclusion be that this police department is doing disservice by providing this information? It seems that I should just ignore these instructions to obtain discovery materials and...
  9. Discovery: Can You Be Charged Copying Fees for Discovery Materials

    My question involves a traffic ticket from the state of: Oregon

    Discovery for traffic citations in Oregon is codified in ORS 153.076(3) and ORS 135.815. The former simply says that rules of...
  10. State Taxes: Re: Oregon Nonresident Tax and Sales Tax Deduction: Equal Protection Violation

    Update: I have a phone conference scheduled for Monday with the Oregon tax court. Below is what I've prepared. I'd like any feedback from anyone with expertise.

    Oregon’s general tax policy is...
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    Speeding Tickets: Re: Anything You Can Do, I Can Do Better

    Nope...normal WA hearing where the officer submitted a sworn statement which was aquired via a discovery request.



    Wife, not daughter. Anyway, the officer would be required to contradict his...
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    Speeding Tickets: Re: Anything You Can Do, I Can Do Better

    Update:

    She received a notice of hearing in the mail today. It says, "This is notification of the date for your contested hearing. You must appear on...".

    The hearing date is January 6th. The...
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    Speeding Tickets: Re: Anything You Can Do, I Can Do Better

    How annoying. It's traffic court, for crying out loud. To me, the judge needing to "take it under advisement" should be prima facia evidence that the prosecution hasn't demonstrated that it is more...
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    Speeding Tickets: Re: Anything You Can Do, I Can Do Better

    Update: She had her court date today. The judge was intrigued by her argument that per the officer's sworn statement she couldn't have been in a school zone. (the maps in the original post are gone,...
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    Speeding Tickets: Re: Cited for "Driving at Safe Speed"

    It is a perverse thing...sometimes avoiding a collision is the worst thing you can do, from a legal aftermath point-of-view. Without an actual collision, there's no evidence to support the other...
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    Speeding Tickets: Re: Cited for "Driving at Safe Speed"

    Did your son tell the officer or the other party what he believed his speed was? (we're all told to shut up and not say anything at the scene) Did the officer measure skid marks or anything to...
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    Speeding Tickets: Re: Anything You Can Do, I Can Do Better

    Wait, that doesn't make any sense, does it? But it still stands, the officer says that he "observed the defendents vehicle in the 400 block". This means he'd have to observe, make a speed estimate,...
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    Speeding Tickets: Re: Anything You Can Do, I Can Do Better

    Hmmm, I see what your saying. However, the 500 block also isn't a spot and is a full block long. I took a look at the map you linked to and did some crude straight-edge work with a piece of paper. It...
  19. Speeding Tickets: Re: Ticket Issued Across State Border; Speeding Only While Passing. Do These

    Does California not have anything like this? I couldn't find anything. If not, that sucks.
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    Speeding Tickets: Re: Anything You Can Do, I Can Do Better

    Barry--There aren't any street numbers, so I'm not seeing where "between 4th and 5th" is. Barring anything that indicates where the 500 block ends and the 400 block begins, the only thing I have to...
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    Speeding Tickets: Re: Anything You Can Do, I Can Do Better

    I'm such an idiot...meant to say "the school zone isn't in any part of the 400 block". I figure if the officer doesn't show up, this map may be enough.
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    Speeding Tickets: Re: Speeding Ticket - Do I Have a Chance

    Nick,

    Barry's advice is sound. The thread that he linked to was mine. All I did was state, "The SMD certification that I received included a letter from two qualified SMD experts. However, their...
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    Speeding Tickets: Washington School Zone Speeding Ticket

    My question involves a speeding ticket from the State of: Washington

    After you guys helped me with my ticket (thread here , if you have a ticket from WSP, read it...you can beat your ticket) my...
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    Speeding Tickets: Re: Washington Speeding Ticket

    Barry - thanks for the help! If you're ever in the Vancouver area you're welcome to stop by for a pint of my homebrew.

    Motion to suppress - Granted
    Motion to dismiss - Granted

    The judge didn't...
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    Speeding Tickets: Re: Washington Speeding Ticket

    Update: Hearing is scheduled for tomorrow at 2:00pm. Below is what I typed up so I don't stumble on my own words. Any feedback is appreciated.

    Request to suppress SMD evidence.
    The Discovery...
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