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  1. #1
    Join Date
    Nov 2010
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    8

    Default 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.

  2. #2
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default 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

  3. #3
    Join Date
    Nov 2010
    Posts
    8

    Default 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?

  4. #4
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default 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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