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  1. #1
    Join Date
    Feb 2009
    Posts
    1

    Default Failure to Obey a Traffic Control Device

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

    Last night I exited my workplace and made a right-hand turn onto the main road. Shortly thereafter I approached a stoplight for a large highway. It was dark and difficult to discern the exact location of the stopline, and I was still travelling at approx. 20-25 miles per hour(35mph speed limit) after turning onto the road. As I entered the intersection the stop light turned yellow, so I proceeded to accelerate through and the light turned red just as I cleared the other side. A police officer happened to be nearby and pulled me over stating that his light regarding the cross-road was green before the tail of my car cleared the intersection, and that I was being charged with "Failure to Obey a Traffic Control Device" according to ORS 811.265:

    (4) Steady yellow arrow signal. A driver facing a steady yellow arrow signal, alone or in combination with other signal indications, is thereby warned that the related right of way is being terminated. Unless entering the intersection to make a movement permitted by another signal, a driver facing a steady yellow arrow signal shall stop at a clearly marked stop line, but if none, shall stop before entering the marked crosswalk on the near side of the intersection, or if there is no marked crosswalk, then before entering the intersection. If a driver cannot stop in safety, the driver may drive cautiously through the intersection.
    There is nothing contained in ORS 811.265 that requires your vehicle be clear of the intersection by the time the light changes, and since I was traveling at a reduced speed there was no way I could have made it anyways. Do I have any legal defense to contest this ticket?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Failure to Obey a Traffic Control Device

    Your inability to determine the stop line is not something that excuses complying with a traffic light. If there's no stop line, laws typically require you to stop in advance of a sidewalk or crosswalk, any other traffic control device (e.g., a stop sign) or, if none of those are present, the corner.

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