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  1. #1
    Join Date
    Jan 2010
    Posts
    1

    Default Ticket for Failure to Obey Traffic Control Device, but Light Was Green

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

    I got a ticket for: 811.265 - Failure to obey traffic control device.

    Here is what happened:

    I was looking for a street to turn on, it was dark, raining, and foggy. I thought I was at the right street so I entered the left turn lane, the light was RED for going straight AND turning left. After entering the lane I realized it was the wrong street so I stopped approx ~15 feet from the crosswalk (still in the turn lane) and put on my right blinker to get back in the straight lane.

    The left turn signal AND the straight signal both turned green. Three cars in the straight lane went and the 4th who was slightly behind me stayed stopped and flashed his lights at me to let me enter the lane. I proceeded to enter the lane and go straight through the GREEN light (the turn and the straight were both still green when I went through the intersection, I am 100% positive on this).

    Two miles down the road I get pulled over and the cop gives me this ticket. I put in a discovery request and got her notes that say:

    "E on 8 veh in L turn lane to turn N on walker had red light. light was green for E traffic he pulled out in front of veh."

    Now obviously she must have thought the left turn light was red and the straight green but when I entered the turn lane BOTH lights were red and they BOTH turned green at the same time. Since it took her almost 2 miles to catch up with me I'm positive she must have been way back and had to catch up. When I saw her turn on her lights in my rear view she was at least 3 blocks behind me and there was no other traffic around. It was dark, raining heavily and also was foggy.

    So do I have a chance at getting this thrown out since the light was in fact green, and regardless of the light color I was in the straight lane which she says in her notes was green, when I actually went through the intersection?

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

    Default Re: Ticket for Failure to Obey Traffic Control Device, but Light Was Green

    Have you taken any video, or acquired other evidence, to show that the left turn arrow and straight-ahead light are both green at the same time, such that the ticket could not be correct? You would want to be able to establish that, and you would want to do so at the same time of night as traffic lights sometimes change cycles depending on the time of day. You would want to be sure the court would be able to play back any video, or bring your own equipment.

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