Category: Practice Areas

Photo Radar at the Sellwood Bridge

Saw the Flash? Fight the Ticket!

The other day I drove across the Sellwood Bridge and noticed the Portland photo radar van was lurking in the construction zone just south of the bridge on OR 43/ SW Macadam. We drove by it twice and saw the flash go off multiple times.

Portland photo radar vans are usually set to take a picture when a car is 11 mph over the posted speed limit. That means these poor drivers were looking at tickets for at least 11 mph over… in a construction zone. That’s a hefty ticket. Do they have to pay it? Maybe not.

Update – Recently received documents from the City show that in one four-hour shift the PPB van took more than 300 pictures. At $320 per ticket (11-20 over at work zone rates), that’s over $96,000 in tickets in four hours. Wow.

A Bit About Speed Limits

The officer was enforcing the speed limit that’s posted. However, that’s not the end of the story. There are three kinds of speed limits in Oregon: basic rule; statutory; and speed zone order limits.

The basic rule speed limit, contained in ORS 811.100, is a sort of “safe and sane” rule. Your driving must be reasonable and prudent under all the circumstances. This rule generally applies on state highways outside of cities. It can get you in trouble, however, even if you drive the speed limit and conditions are terrible.

The statutory speed limit is a limit set by law in ORS 811.111. It sets maximum speeds on interstate highways, max speed for certain kinds of vehicles and the maximum for certain types of roads inside of cities. For example, in a residence zone the statutory speed limit is 20 mph in all business districts within cities.

The final type of speed limit is the speed zone order. A speed zone order, under ORS 810.180, sets a speed limit that is lower or higher than the basic rule or statutory speed limit. The speed zone ordered is usually requested by the city or county and can only be put in place after an engineering study of the road. The orders are very clear and precise about the speed zones begin and end. Going faster than a speed zone order speed limit will get you a speeding ticket.

The Signs Are in the Wrong Spot

That brings us to the Portland photo radar van parked south of the Sellwood bridge. That section of road has a speed zone order speed limit that’s usually 45 mph. However, until the Sellwood bridge project is completed – estimated in 2016 – this section of road has a temporary speed zone order making a section a 25 mph zone.

Here’s the rub: the speed zone order says the 25 mph zone ends at OR 43 milepost 2.88. The speed limit then reverts to 45. The Portland photo radar van has been parked around milepost 2.97 – inside what should be the 45 mph zone – enforcing a 25 mph speed limit. The officers are enforcing what the signs says is the speed limit but the signs don’t match up to the actual speed zone.

What Does That Mean for You?

You can fight the ticket. However, it’s not an easy win. All the above has to be proven to a judge with the right kind of evidence. That can be difficult to do. Contact the traffic ticket lawyers at Dore Long for a 15-minute phone consult. Let’s get to work to keep that photo radar ticket off your driving record.

March 27, 2013
Post Conviction Relief Win – New Sentence to Avoid Deportation

In Oregon, Post Conviction Relief is the only way to overturn a conviction or sentence that doesn’t involve legal error. It covers problems like denial of constitutional rights and when an attorney makes a mistake.

N was convicted of theft in 2007. At the time, he was a lawful permanent resident of the United States. This conviction didn’t pose too big of an immigration issue until N faced a probation violation in 2010.

N’s attorney knew that N was lawful permanent resident and he’d arranged a great deal for N that would have kept his immigration status safe. Unfortunately, the judge didn’t go along with the deal and, instead, sentenced N to 365 days in jail. That magic number – 365 days – immediately converted N’s theft conviction into an aggravated felony for immigration purposes. N’s attorney didn’t inform the judge of this harsh consequence or ask to reduce the sentence. After N served his sentence he faced unavoidable, mandatory banishment from his family and home of 13 years.

Yesterday, following a post conviction relief trial, the Marion County Circuit Court held that N’ had suffered a substantial denial of his constitutional right to effective counsel. N’s sentence was vacated and the case will be sent back for a new sentence – one that will hopefully recognize he has paid his obligation to his adopted home and let him stay with his family.

March 22, 2013
Fake signs – real traffic tickets?

Not all traffic signs are created equal. Could you get a traffic ticket for parking in a Heat Fans Only Zone? What if the sign looked real but was fake?

Is that LeBron driving the tow truck?

We’ve all seen the novelty signs that warn that you will be towed (or punted or sacked) if you’re not a Packers or Heat fan.

Do you ever think that you’ll get towed or punted if you park there? Of course not. (Oddly, I couldn’t find any Blazer fan-only parking signs!)

But what about this sign in Portland?

It’s non-denominational. It’s attached below a real traffic sign on a pole sunk into the concrete.

On closer examination, it’s made of flimsy tin rather than the heavy-duty stuff of the sign above it. Also, check the back: It’s held on with zip ties!

How does it compare with other Portland signs? The pedestrian signs have official stickers on the back.

How about other parking signs?

Portland signs use a border (some black, some red) with “COP” and the no parking symbol. Also, check the back: it’s held on with bolts and metal bands. There are also official stickers.

Not all parking signs look the same, of course. Compare this sign from the other side of the river:

It’s different, of course, but note the similarities: nice fat red border and held on with bolts.

There are rules about how traffic signs have to look.

Every traffic sign in Oregon, including parking signs, must comply with the Manual on Uniform Traffic Control Devices (the MUTCD). See ORS 810.200. The MUTCD has all the rules about sign placement, size sign and content (including the font and width of that little border). In section 2B-24, it requires all traffic signs to have that bright border and it has to be a certain size.

How does that help?

ORS 810.250 makes it a defense to a traffic charge if the official traffic control device isn’t in the proper place and legible. However, the same law says that the courts should presume the sign is valid unless you can show otherwise. (As a side note, this same rule applies to other traffic signs like speed limit signs and turn signs.)

So, can you park there legally?

Maybe. The sign doesn’t seem to meet the legal requirements. It’s different enough that it’s legitimacy is in doubt. You may be able to legally park there.

Will it stop you from getting a ticket?

Not necessarily.Even following an unquestionably legitimate traffic sign doesn’t guarantee going ticket free. Remember that sign from across the river? It prohibits parking from 4-6 Monday through Friday. I got a ticket, later dismissed, for parking there on a Sunday at 5pm.

A passing police officer could easily choose to give you a ticket for what appears, on its face, to be a legitimate sign.

What should you do?

Give us a call if you get a traffic ticket (any traffic ticket – not just parking tickets) based on a questionable traffic sign.

You can try to raise this issue yourself. The problem, of course, is that this is a legal defense that you present in court and it’s not an easy defense to use. You have to know how to raise it and you need the right kind of evidence.

The other day I was in court and a woman was representing herself. I heard her story about being charged with violating a temporary speed limit after it had expired and I knew she was right – she wasn’t guilty. However, she hadn’t raised the defense in the right way and her evidence – that absolutely would prove her innocence – wasn’t admissible. The judge found her guilty. Don’t let that happen to you!

What shouldn’t you do?

Don’t put up a fake sign. It might be nice to stop everyone from parking in front of your house by putting up a sign – but don’t do it. It’s a traffic violation – and the judge can stick you with a fine of up to $1000.00.

December 6, 2012
Words we like to hear: Case Dismissed, Not Guilty.
We’ve recently had some great outcomes for our clients:
- Salem v. K: Commercial driver accused of running a photo red light. We took it to trial and K was found not guilty.
- State v. M: M was charged with careless driving. OSP failed to provide discovery so we moved to dismiss. The officer failed to appear for the hearing and the case was dismissed. Sometimes it pays off to have a good lawyer – and a lucky lawyer.
- State v. K: K was accused of speeding in a school zone; K swore she was driving after an End School Zone sign but before a speed limit sign. We took photos of the scene, and after reviewing photos of the scene with the charging deputy, he realized that he had been using the wrong sign as the end of the school zone and dismissed the case. (I feel bad for all those other folks he ticketed that didn’t challenge it!)
- State v. R: R is a commercial driver and his ticket for 72 in a 55 (17 over the limit) would have meant big trouble with his employer. We were ready for trial but negotiated a great resolution of reducing the ticket to 56 in a 55 with the minimum fine.
- Washington v. I: I was charged with DUI but had a breath test under the legal limit. We counseled him on the effects of a DUI on his professional license, tracked down witnesses that could have testified that would have refuted the officer’s claim that he was “obviously intoxicated” and, after weighing the risks involved, entered a plea to the reduced charge of negligent driving in the first degree with a reduced fine.
- State v. D: D was accused of Assault 4 Domestic Violence. After counseling him to plead not guilty, we interviewed the complaining witness (CW) in the case. Throughout the interview, we drew out the fact that the CW was being violent, not D, and that D had a legitimate fear for his safety and the safety of his property. After that great interview – and a little pressure on the prosecutor – the case was dismissed and the no contact order dropped.
These were some great outcomes this last week and we’re very pleased with the results. Give us a call today to see how we can help in your case.
December 5, 2012
Tualatin Photo Red Light Tickets

Did you receive a photo red light ticket in Tualatin before 12/21/11?

If so, contact me immediately! Before that date, Tualatin had a serious problem with its photo red light program and we may be able to have your ticket dismissed.

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Was your ticket issued after 12/21/11?

Tualatin still has some less serious problems with its program. Contact me today so we can discuss your case!

January 6, 2012
The Power of Prado

State v. Prado is one of the most powerful tools available for beating your driving charges.

Let’s say you’re happily driving down the road. You hear your tires hit the rumble strip and, the next thing you know, red and blue lights are flashing in your rear view mirror. Are you in serious trouble? Maybe not…

Police often stop drivers for minor infractions and seek to expand their investigation into more serious offenses. One of most common minor infractions police use to stop drivers is crossing over lane lines or fog lines. The law, RCW 46.61.140, requires drivers keep their cars “as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such move can be made with safety.” But that’s not the end of the story.

Washington, and several other states, have the exact same law. The courts agree that simply crossing over the lane markers once or twice – so long as no one is put in danger – is not enough for an officer to pull you over.

State v. Prado is the lead case in Washington. The Court of Appeals ruled that Mr. Prado’s driving, where he crossed over a fog line once, was not bad enough to justify an officer pulling him over. It went even further, saying that sometimes accidentally crossing out of your lane more than once may not be a good enough reason to pull you over.

You can use Prado to win your traffic case. The traffic stop may be unlawful if the police officer stopped you for crossing over a line on the roadway. An unlawful stop can be the key to suppressing the evidence against you. Without evidence, the prosecution will be hard pressed to prove their case beyond a reasonable doubt.

Let me help you, contact me today to discuss your case.

May 12, 2011