Results 1 to 3 of 3
  1. #1
    Join Date
    Jan 2015
    Posts
    1

    Default Ticket for Failure to Obey a Traffic Control Device When Driver's View Was Obstructed

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

    I was driving behind a large truck through in intersection in Beaverton, Oregon. I was at least two car lengths behind the truck but could not see the traffic signal until well into the intersection. According to the citation I was traveling 8 mph below the posted speed limit so I wasn't rushing through. Needless to say I received a citation in the mail today. The violation citation is ORS 811.265.

    My question is, if I could not see the signal, even being far enough away from the truck and traveling well below the speed limit through the intersection, what should I have done? I'm thinking I either, plead no contest and pay the ticket with an explanation or, seek a trial. I feel this may impact my insurance rate negatively for something I had no control of. Would really like to get feedback here.

    Thank you!

  2. #2
    Join Date
    Jan 2015
    Posts
    23

    Default Re: Photo Enforcement/ Failrure to Obey Traffic Control Device

    Must have been a red light camera... I'm assuming.
    Well, you will hear that you should leave enough room( in your case) for visibility to
    see the traffic devices rather than using a measurement in car length/s.

    Your best hope might be to examine the video and maybe find that your vehicle had already entered the intersection prior to
    the light going to red(of course they probably would have looked at that). If this is the case though, you might succeed in a defense stating you had already committed your vehicle to the intersection and proceeded cautiously to move clear and through the remainder. Also, you can challenge traffic devices if you research and find law that can show it was out of position. Best of luck.

    Mike

  3. #3
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: Photo Enforcement/ Failrure to Obey Traffic Control Device

    What Mlynnc said. As far as what you should have done, it is simple. You should not enter an intersection if you cannot see the signs or signals controlling that intersection. You should have stopped until you could see the signs or signals and knew that you could legally proceed through the intersection. I know that sounds like a "who actually drives like that?" answer. But, legally, that is what is required of all drivers.

    1. Sponsored Links
       

Similar Threads

  1. Lights, Signs and Traffic Controls: Driver Failure to Obey Traffic Control Device, ORS 811.265
    By pennylee in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 09-22-2014, 05:19 PM
  2. Lights, Signs and Traffic Controls: Failure to Obey a Traffic Control Device Ticket for Speeding
    By Jmc2995 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 8
    Last Post: 01-10-2014, 10:20 PM
  3. Lights, Signs and Traffic Controls: Driver Failure to Obey Traffic Control Device - ORS 811.265
    By NotGuilty75 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 6
    Last Post: 09-05-2012, 12:28 PM
  4. Lights, Signs and Traffic Controls: Failure to Obey Traffic Control Device Ticket for Cutting Through a Parking Lot
    By BartusCompater in forum Moving Violations, Parking and Traffic Tickets
    Replies: 30
    Last Post: 01-08-2012, 07:03 PM
  5. Lights, Signs and Traffic Controls: Driver Failure to Obey Properly Placed Traffic Control Device Instructions
    By tina010 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 4
    Last Post: 06-01-2011, 09:59 PM
 
 
Sponsored Links

Legal Help, Information and Resources