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  1. #1

    Default Failure To Obey Traffic Control Device for Crossing Police Tape

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

    I inadvertently crossed a traffic tape onto an accident scene. I wasn't speeding. It was night. A police car with flashing lights was across two lanes of a three way one way road in Portland. There were no flares, no one directing traffic, and I thought I was supposed to proceed cautiously in the far left lane. I truly saw no tape. An officer flagged me down, and when I asked him what was going on he cited me for failure to obey a traffic control device. I tried to explain that I had no idea I was encrouching on the area and was "thanked for being argumentative". If the police car had only been across the middle I would have realized the whole road was blocked off. I don't live in Portland or I might have felt comfortable turning off to some other road to avoid a hassle, but I thought it was permissable to proceed slowly down the far left lane. While I was talking with the police officer they stretched a tape across the road fully across the intersection, it was dark reddish, not a yellow caution tape, but I sure hadn't been able to see a tape on approach, and while I was being ticketed they did place flares -- I sure wish they had been there originally.

    Is there any hope the court would be on my side? The police officer who ticketed me was annoyed, of senior rank, and had no sympathy for the fact that I had blundered innocently with no harmful intent, his contention being that I had crossed a tape and no one else had. I had not been drinking, I was tired, it being 10 at night after a hard day. I would appreciate your opinions as to whether I should just bite the bullet on this or if I have a valid argument.question involves a traffic ticket from the state of:

  2. #2
    Join Date
    Oct 2005
    Location
    California
    Posts
    1,206

    Default Re: Failure To Obey Traffic Control Device

    I think you'd do well to plead 'not guilty' and take your case in court. Based upon what you wrote, I think there's an excellent chance that the officer won't show up in court and, if he does, I think if you present your case as well there as you did here, you'll prevail. Your situation was very dissimilar from most alleged offenses and I believe there is more than enough reasonable doubt as to whether or not you're guilty of anything. Good luck and....let us know how you make out!

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