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  1. #1

    Default Contradictory Traffic Control Devices

    My wife has been cited by one of Portland, Oregon's finest (no disrespect intended) for "Failure to obey a Traffic Control Device". She was approaching a major 4-lane, northbound, one-way street from the west - driving on a small two-lane road (one lane in each direction). She stopped her vehicle at the stop sign, looked for cross traffic, and seeing none, she crossed the one-way street. A block later she arrived at her destination to find an unmarked patrol car pulling in behind her.

    The officer told her she was required to turn left at the intersection, and that by crossing the road she had broken the law. He cited her, despite her statements that there was no signage telling her she had to turn left. He stated the devices she violated were the markings painted on the road and a sign on the post at the corner.

    We went back to the intersection and looked... and sure enough, there was a regulatory (black/white rectangular) sign under the stop sign that says... "No Right Turn" (clearly to keep you from going southbound on the northbound one-way street). But she didn't make a right turn. She went straight. Painted on the ground there is a white left arrow - it is small (16 inches diagonal from corner to corner, my laptop covers it easily) and it is painted on a bleached white concrete crosswalk - it is barely visible from all the wear. There is no sign indicating she has to turn left anywhere in the intersection. There is no "Do Not Enter" sign on the far side of the intersection, and there is a marked lane directly opposite the travel lane where she crossed - which she drove into with no difficulty.

    So my questions are: Does she fight this on the grounds that the Control Devices contradict one another, or are at the very least confusing? Or does she object on the grounds that the left arrow TCD (presumably the one she violated) doesn't conform to Oregon DOT standards for such markings and is too small to be noticed? Also my wife recalls that there was a vehicle in front of her before she crossed (it turned left), but that vehicle's position blocked visibility of the left arrow on the pavement.

    By the way, the officer did indicate the stop was being recorded, and admitted on tape that my wife was extremely cautious before crossing the street, made a safe crossing, and acknowledged her clean driving record (10 years without a ticket). How can she go about getting copies of that tape in advance for use in the hearing, assuming she contests the ticket?

    Thanks, in advance, for your advice.

  2. #2
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    Default Re: Contradictory Traffic Control Devices

    Quote Quoting eugene_traveler
    View Post
    My wife has been cited by one of Portland, Oregon's finest (no disrespect intended) for "Failure to obey a Traffic Control Device". She was approaching a major 4-lane, northbound, one-way street from the west - driving on a small two-lane road (one lane in each direction). She stopped her vehicle at the stop sign, looked for cross traffic, and seeing none, she crossed the one-way street. A block later she arrived at her destination to find an unmarked patrol car pulling in behind her.

    The officer told her she was required to turn left at the intersection, and that by crossing the road she had broken the law. He cited her, despite her statements that there was no signage telling her she had to turn left. He stated the devices she violated were the markings painted on the road and a sign on the post at the corner.

    We went back to the intersection and looked... and sure enough, there was a regulatory (black/white rectangular) sign under the stop sign that says... "No Right Turn" (clearly to keep you from going southbound on the northbound one-way street). But she didn't make a right turn. She went straight. Painted on the ground there is a white left arrow - it is small (16 inches diagonal from corner to corner, my laptop covers it easily) and it is painted on a bleached white concrete crosswalk - it is barely visible from all the wear. There is no sign indicating she has to turn left anywhere in the intersection. There is no "Do Not Enter" sign on the far side of the intersection, and there is a marked lane directly opposite the travel lane where she crossed - which she drove into with no difficulty.

    So my questions are: Does she fight this on the grounds that the Control Devices contradict one another, or are at the very least confusing? Or does she object on the grounds that the left arrow TCD (presumably the one she violated) doesn't conform to Oregon DOT standards for such markings and is too small to be noticed? Also my wife recalls that there was a vehicle in front of her before she crossed (it turned left), but that vehicle's position blocked visibility of the left arrow on the pavement.

    By the way, the officer did indicate the stop was being recorded, and admitted on tape that my wife was extremely cautious before crossing the street, made a safe crossing, and acknowledged her clean driving record (10 years without a ticket). How can she go about getting copies of that tape in advance for use in the hearing, assuming she contests the ticket?

    Thanks, in advance, for your advice.
    I don't suppose there's any mention of which traffic control device she supposedly ignored is there?

    You can read on Oregon State laws by clicking here. I haven't found anything that says an arrow painted on the ground is a legally binding traffic control device. But I'm still looking.


    What is the citation of the law she was cited for? Or was she cited under a municipal ordinance?

    You can review the following if you aim to contest the ticket:

    810.250 Use of traffic control device placement or legibility as evidence. (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.

    (2) Whenever a particular section of the vehicle code does not state that traffic control devices are required, the section is effective even though no devices are erected or in place.

    (3) When a traffic control device is placed in position approximately conforming to the requirements of the traffic regulations or other laws of this state, the device is presumed to have been placed by an official act or at the direction of lawful authority unless the contrary is established by competent evidence.

    (4) A traffic control device placed under the vehicle code or other laws or regulations of this state and purporting to conform to the lawful requirements pertaining to that device is presumed to comply with the requirements of the vehicle code unless the contrary is established by competent evidence. [1983 c.338 §167]

  3. #3

    Default Re: Contradictory Traffic Control Devices

    Probably the easiest thing is to check with the clerk and see if she can take online traffic school. If you really want to contest, ask the clerk for the procedure. Usually your first court date is just an arraignment and you can fax in a not guilty plea and ask for a trial. Then take a video of the site to explain to the judge. If you can catch some other vehicles going straight it will help prove your case.

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