Doré Law Firm

Category: Tickets

  • Updated Rules for Commercial Truck Drivers for Serious Traffic Violations in Oregon

    Oregon DMV Has Expanded the Rules for CDL Drivers and Serious Traffic Violations

    Serious traffic violations are serious business for CDL drivers. Under ORS 809.525:

    DMV will suspend your CDL 60 days for if you get two serious traffic violations within three years.

    DMV will suspend your CDL 120 days for if you get three serious traffic violations (or more) within three years.

    If you get more than one suspension, they must be served consecutively (one after the other).

    Here’s the current list of serious traffic violations:

    The current list is available in OAR 735-063-0360

    An offense under this section is a serious traffic offense if the conviction directly results in the revocation, cancellation, or suspension of the CLP or CDL-holder’s license or non-CMV driving privileges [Note: does not have to be in a CMV] by this state, another state or territory of the United States, or by another country.

    While operating a non-CMV and holding commercial driving privileges, a serious traffic offense means an offense of:

    (a) Speeding excessively, involving any speed of 15 miles per hour or more above a regulated, posted, or basic rule speed limit; ACD codes S15, S16, S21, S26, S31, S36, S41, S71, S81, S91, and S92.

    (b) Reckless driving – ORS 811.140 (Reckless driving); ACD code M84.

    (c) Failure to drive within a lane — ORS 811.370 (Failure to drive within lane); ACD code M42.

    (d) Unsafe passing on the left — ORS 811.410 (Unsafe passing on left); ACD code M42.

    (e) Unsafe passing on the right — ORS 811.415 (Unsafe passing on right); ACD code M42.

    (f) Following too closely — ORS 811.485 (Following too closely); ACD code M34.

    (g) Any violation of a motor vehicle traffic control law if the violation has the same offense date as a fatal accident, and the accident and violation occurred in the same incident – ACD code U31.

    Violations under this subsection are those listed in OAR 735-064-0220 (Traffic Offenses Used in Habitual Offender, Driver Improvement, CMV Serious Offenses and Hardship Driver Permit Programs) and include city traffic offenses, offenses under federal law, the laws of another state or territory of the United States, or by another country. This subsection does not apply to violations of parking laws or laws regulating vehicle weight or equipment.

    (2) An offense under this section is a serious traffic offense if a conviction resulted from an offense that occurred while operating a CMV:

    (a) Speeding excessively, involving any speed of 15 miles per hour or more above a regulated, posted, or basic rule speed limit; ACD codes S15, S16, S21, S26, S31, S36, S41, S71, S81, S91, and S92.

    (b) Reckless driving — ORS 811.140, ACD code M84.

    (c) Failure to drive within a lane — ORS 811.370, ACD code M42.

    (d) Unsafe passing on the left — ORS 811.410, ACD code M42.

    (e) Unsafe passing on the right — ORS 811.415, ACD code M42.

    (f) Following too closely — ORS 811.485, ACD code M34.

    (g) Any violation of a motor vehicle traffic control law if the violation has the same offense date as a fatal accident, and the accident and violation occurred in the same incident – ACD code U31. Violations under this subsection are those listed in OAR 735-064-0220 and include city traffic offenses, offenses under federal law, the laws of another state or territory of the United States, or by another country. This subsection does not apply to violations of parking laws or laws regulating vehicle weight or equipment.

    (h) Driving a motor vehicle while using a mobile electronic device — ORS 811.507, ACD codes M85, M86.

    (i) Operating a CMV without proper classification or endorsement — ORS 807.010, ACD code B91.

    (j) Operating a CMV without driving privileges — ORS 807.010(1); ACD code B56.

    (k) Failure to carry or present to a police officer proof of commercial driving privileges — ORS 807.570; ACD code B57

    Note: Washington CDL holders have slightly different rules and serious traffic violations in a non-CMV will count as a first serious traffic violation but the second serious traffic violation must occur in a CMV.

    What to Do If You’re Charged with a Serious Traffic Violation

    Remember, if you get one of these tickets, don’t discuss it with your citing officer and call Dore Law Firm to see if we can keep this ticket off your driving record!

  • Do I Qualify for an Oregon Traffic School or Diversion?

    You May Qualify for an Oregon Traffic School or Traffic Diversion

    I’ve written before about traffic tickets and the possibility of diversion – or an Oregon traffic school – and whether you should enter into the program on a first ticket. Sometimes we may be able to beat your ticket. Other times, you may not want to run the risk of a trial if your case looks difficult to win. You may also be looking for a quick resolution to your case.

    In that situation, you may want to accept an entry into an Oregon traffic school or diversion program. I’ve contacted several courts in Oregon and asked them for the qualifications for their traffic schools or traffic diversions. This information should be considered for informational purposes only and not as a definitive source. You should contact the court to confirm the existence of a traffic school or traffic diversion option if you’re interested in the program.

    Please keep in mind this is not an exhaustive list of Oregon traffic school, Oregon traffic diversions or Oregon traffic deferred sentencing alternative. There may be some programs out there that I missed or the programs may change. Oregon traffic school is a court-by-court program; there is no standard program like you may find other places.

    Keep in mind, there are still risks involved with traffic school or traffic diversion – including what could happen if you can’t comply with your end of the bargain. Contact me if you’d like to discuss your case or if you don’t qualify for traffic school and want to fight the ticket or explore your other options.

    ********

    Oregon Traffic School Qualifications

    CourtEligibilityClass and Terms
    Beaverton Municipal CourtNo Class A Violation;
    No traffic convictions or traffic school within the last two years;
    Have license; No CDL.    		CSI. complete class and pay fee w/in 60 days. $70-200 + class
    Clackamas County Circuit CourtNone
    Clackamas County JusticeNone
    Clatsop County Circuit CourtNone
    Dundee MunicipalA single moving violation;
    clean driving record for the past 3 years; and valid license.
    Deschutes County Justice Court1 violation on ticket
    no other tix or diversions for last 5 years
    no pending cites
    $100 to court
    90 days to take class
    provide proof of completion
    no new tickets for 180 days
    Fairview Municipal CourtCase Dependent
    Gervais Municipal CourtNo convictions in last 3 yearsMust complete class within 30 days, stay ticket-free for 6 months
    Gladstone Municipal CourtNo prior traffic tickets; no prior traffic schools
    Hillsboro Municipal CourtTwo options: 1st offense seat belt tickets (all ages); or 15-18 year old, in school, living at home w/ first offense ticket. No prior tickets, no CDL.ticket dismissed upon completion of class
    Hood River Circuit CourtSpeed < 20 over limit. No convictions in last 5 years. Out-of-state drivers must submit DMV record.
    Hood River Municipal CourtNo traffic school in prior 10 years; no accident w/ current ticket; excluded: DWS; No insurance; Failure Carry Proof InsuranceUturn180.com
    Lake OswegoNo ticket or class in prior 5 yearsUturn180.com
    Marion County Circuit CourtNoneNone
    Marion County JusticeNon-CDL, clean record for 5 years, no pending tickets, no accident, no Class A tix, No “no insurance” tix.Uturn180 or NTSI I. No online courses.
    Keep clean record for 180 days.
    Presumptive fine + Pay for Class
    McMinnville Municipal CourtNo CDL; Most citations eligible with clerk. no school zone or accident tickets w/o talking to judge. Class As may have to go to judge.Class (Uturn180?) w/in 30 days.

    Court cost based on class of violation, close to base fine. $150/250/400 fee to court. if no class, have to pay presumptive fine in addition to fee.
    Milwaukie Municipal CourtNo school or work zone; no cell phone tix; no class A tix; no CDL; no multiple moving violations; no moving violations prior 5 years; no pending tix; no pending crim cases; no traffic diversion in prior 10 years; no objection by citing officers; Must have had license for 5 yearsHRDC w/in 90 days. proof w/in 120 days
     12 months good behavior
     1/2 fine w/in 30 days
    Monmouth Municipal CourtNo cell phone violations; no previous traffic convictions or traffic diversions.6 months to complete class, no new violations for 6 months
    reduced fine, pay for school (online or seated)
    Multnomah CountyNone
    Salem Municipal Court (Adult)No moving violations or traffic crime convictions, or traffic diversions in prior 10 years. No speed racing, 100+ mph. No pending tickets.minimum fine, pay for school
    Salem Municipal Court (Youth)No moving violations or traffic crime convictions, or traffic diversions in prior 10 years. No speed racing, 100+ mph, driving w/o license, permit, outside restrictions. No pending tickets.minimum fine, pay for school
    Sherwood Municipal Courtno traffic school or tickets in prior 5 years; No CDL CSI ($40-45)
     
     $45-285
    Silverton Municipal CourtSingle violation; no other moving violations or traffic crimes in last 3 years; valid non-CDL; no accident; no “no insurance;” no charges with fines > $435complete class within 90 days 180 days clean record
    presumptive fine
    Silverton Municipal CourtInsurance Diversion: no other insurance tickets in last 3 years; show proof of insurance w/in 14 days;keep active insurance for 180 days
    presumptive fine
    Tigard Municipal CourtNo prior traffic ticket convictions or schools w/in last 5 years.
    No CDL, cell phone tix, or 100+ mph    		Must be completed w/in 120 days of entry
    Fee to court: Class A $331
    Class B $200
    Class C $125
    Class D $88
    Troutdale Municipal CourtNo prior traffic ticket convictions or schools (may need to confirm with court)Legacy Emanuel High Risk Driver Course or similar
    180 days w/o any new traffic ticket convictions
    $200 deferred sentence fee + pay for class
    Tualatin Municipal CourtNo moving violation convictions for 5 years; no traffic safety schools for 5 years; No Class A violations; No speeding 20+ over limit; No CDLCSI or other 4-hour in-person class
    Pay for class
    Wasco County Circuit CourtNo Moving Violation Convictions in last 5 years; No Traffic Safety School in last 5 years; Not charged with Class A Violation; Not speeding more than 20 mph; No CDL
    Washington County Justice CourtNo moving violations or traffic crime convictions, or traffic diversions in last 4 years; No CDL, no pending ticketsCSI or NTSI. Proof of class due in 60 days
    Keep clean record for 12 months
    $50/$75/$100 depending on violation level + pay for class
    West Linn Municipal CourtNo convictions for last 5 yearsKeep clean record for 6 months
    fee to court + pay for class
    Wilsonville MunicipalNo traffic tickets/crimes in OR in last 3 years;
    No class A violations; no insurance tix    		Plead no contest; pay fee (75% of fine); class w/in 60 days
    Woodburn Municipal Courtclean driving record for last 3 years; no prior traffic diversion; no CDL; no Driving While Suspended; no No Insurance; no cases involving accidentskeep clean record for 3 months after entering plea
    presumptive fine to court, class fee
    Oregon Traffic Diversion Eligibility

  • New Oregon Laws 2017 – Move Over for Stopped Cars

    The Oregon Legislature has brought us a lot of new laws, and changes to old laws, that will affect the rules of the road. Some are effective now, others won’t take effect until the 2018. Regardless, it’s best to get ready for them now!

    Beginning January 1, 2018, SB34 expands ORS 811.147, the “move over law,” to include motor vehicles warning lights, hazard lights or “signs of distress.”

    The expanded law covers any vehicle that is stopped and is displaying[list type=”check”]

    • warning lights (like emergency lights on a police car or tow truck)
    • hazard lights
    • a person indicating distress by using emergency flares or posting emergency signs

    [/list]

    On a road with more than two lanes in each direction, you have to move over or slow down to 5 mph under the speed limit. It used to be that you could only choose to slow down if you couldn’t change lanes safely. It’s now your choice.

    On a road with only one lane in each direction, you have to slow down to 5 mph under the speed limit.

  • Portland’s New Fixed Photo Radar

    The City of Portland is Setting up Fixed Photo Radar

    Fixed photo radar is almost ready in Portland. The City is in the process of putting up fixed photo radar on SW Beaverton-Hillsdale Hwy near SW 39th.

    I drove by there today and took a video of the locations where the cameras are begin installed. The work is being done in the areas with the cones on the side of the road.

     

    The legislature set up specific rules about where the fixed photo radar system can be used and the signs required:

    [quote align=”justify” color=”#999999″]

    As used in this section, “urban high crash corridor” means a segment of highway that has an incidence rate of reported traffic crashes resulting in fatalities or serious injuries that is at least 25 percent higher than the rate for highways with the same speed limit or designated speed within the jurisdiction on average between January 1, 2006, and January 1, 2016, and for which the governing body of the city makes a finding that speeding has had a negative impact on traffic safety.

    (2) Notwithstanding ORS 810.438, the City of Portland may, at its own cost, operate a fixed photo radar system on urban high crash corridors.

    (3) A fixed photo radar unit operated under this section:

    (a) May not be used on controlled access highways.

    (b) May not be used unless a sign is posted announcing “Traffic Laws Photo Enforced.” The sign posted under this paragraph must:

    (A) Be on the street on which the fixed photo radar unit is being operated;

    (B) Be between 100 and 400 yards before the location of the fixed photo radar unit;

    (C) Be at least two feet above ground level;

    (D) Provide drivers with information about the driver’s current rate of speed; and

    (E) Conform with specifications for traffic control devices approved by the Oregon Transportation Commission under ORS 810.200.

    (c) Must remain in the same location for at least 180 days[/quote]

     What’re The Problems?

    I see a couple of problems with this new fixed photo radar setup.

    First, the City Council of Portland has, to my knowledge, never made any findings that any specific road is a place where speed has had a negative impact on traffic safety. That’s a failure under section 1 of the statute.

    Other cities know how to do this. Milwaukie has a periodically changing list of places they have authorized photo radar. Beaverton has a long laundry list of places. In both cities, the City Council has approved resolutions identifying these streets as “places where speed has had a negative impact on traffic safety.” To my knowledge, the Portland City Council has never specifically identified any street, instead punting to other departments or bureaus to make the determination.

    Second, the current sign setup is missing the speed display. The warning sign reading “traffic laws photo enforced” must be combined with a display that shows the vehicle’s current speed. Neither setup had a speed display installed but it looked like installation work hadn’t been completed yet. However, one of the warnings signs Portland has installed is part of a street name sign — it would be difficult or impossible to incorporate a speed display with that sign.

    By the terms of the statute, the sign that reads “traffic laws photo enforced” must display the speed. It can’t simply be nearby or on a separate pole, etc. etc. They must be one unit.

    Finally, the current signs are already out of compliance. The current signs are white rectangles with the words “Traffic Laws Photo Enforced.” However, under subsection (E), the signs must comply with Oregon specifications under ORS 810.200.

    Oregon has adopted the Oregon Manual on Uniform Traffic Control Devices and the 2009 Manual on Uniform Traffic Control Devices. These two documents must be read together. The State rule is that an R10-18 sign must be installed 100-400 yards before the photo radar unit and at the city limits on all major routes entering the jurisdiction. The R10-18 sign is a picture of a flashing camera and the words “Traffic Laws Photo Enforced.” The City, by choosing to install a text-only version of the sign is already out of compliance with the statute.

    Why Does It Matter?

    Compliance with the statute is binary: Either the City is in compliance or it is not. If it is not, then it is not legally authorized to issue photos through the fixed photo radar system.

    What to do if you get a Fixed Photo Radar Ticket?

    Get an attorney. An attorney is going to give you the best chance to keep the ticket off your record. We’d love to help you out with your case; give us a call to see what we can do!

     

  • Win Today – Not Guilty of Illegal U-Turn

    Good win today!

    After a 20-minute trial, my client was found Not Guilty of Illegal U-Turn Contributing to an Accident (a Class B traffic violation). This case was a big deal to Client because she was looking at a potential suspension of her license if she were convicted. No conviction means no suspension.

    U-Turns are Mostly Illegal

    I recently posted on Illegal U-Turn Tickets. The most important part of avoiding a U-Turn Ticket in Oregon is to remember to that U-Turns are mostly illegal. U-Turns are allowed in a city at an intersection with a traffic light only if there is a “U-Turn Allowed” sign; and at any other intersection if there is 500 feet visibility in front of and behind your vehicle. Outside of a city you can do a U-Turn at an intersection with a traffic light only if there is a “U-Turn Allowed” sign; and anywhere else so long as there is 1000 feet of visibility in front of and behind your vehicle.

    But Not Always

    In today’s case, the Deputy testified that Client told him she had done a U-Turn and accidentally collided with another car during the maneuver. However, he also testified that the incident took place outside a city but did not testify that the view was obstructed within 1000 feet. The result: Not Guilty!

     

  • A Good Day in Vancouver, WA Traffic Court

    Today was a great day in Vancouver, WA traffic court. Washington law is very protective of driver’s righs. Specifically IRLJ 6.6, one of the court rules, requires all speed measuring devices be certified to be accurate and that the State must prove that calibration in trial. Using the great protections afforded Washington drivers, my clients and I had a great day today in Vancouver, WA traffic court.

    • Speeding 95 in a 60 mph zone and no proof of insurance tickets dismissed for an unlawful stop by an unmarked police vehicle. (City and county police vehicles must be marked under RCW 46.08.065)
    • Speeding 64 in a 35 mph zone dismissed because the State failed to prove the radar unit was calibrated.
    • Negligent Driving 2 (alleging defendant drove in a negligent manner that endangered people or property) based on driving 98 in a 60 not guilty because State failed to prove laser calibrated correctly and officer didn’t testify that defendant did anything dangerous.
    • Speeding 68 in a 50 dismissed because Trooper used wrong tuning fork to calibrate his radar unit.

    Good things can happen if you have a good attorney working on your case. Give me a call if you have a Vancouver, WA or Clark County Traffic Court Ticket and we’ll see what I can do to help you keep it off your record.

  • Oregon’s Pedestrian Law and Failing to Remain Stopped for a Pedestrian

    Oregon’s pedestrian law (and the violation of failing to stop and remain stopped for a pedestrian under ORS  811.028) at first glance seems pretty simple: stop for pedestrians in cross walks. From there, it gets a little more complex.

    When must you stop under Oregon’s pedestrian law?

    You must stop for a pedestrian if the ped is crossing with a signal (Green light or walk sign) or in a crosswalk and

    In your lane.

    In the next lane (regardless of whether the ped is approaching or already past you. You must wait for them to clear the adjacent lane.)

    In a lane you’re turning into plus
    Six feet into the adjacent lane if the pedestrian is facing a signal or
    The nextlane if the pedestrian doesn’t have a signal.

    Unless the ped is crossing where there is a safety island and the ped is on the far side of it or there is a nearby pedestrian tunnel or bridge.

    In those cases you don’t have to stop.

    What is a crosswalk under Oregon’s pedestrian law?

    Easy. Every corner is a crosswalk, regardless of whether it is marked. Marked crosswalks are crosswalks no matter where they are.

    When do you have to stop at the crosswalk under Oregon’s pedestrian law?

    You must stop if any part of the pedestrian (including part of a crutch, cane, wheelchair, or bicycle) enters the crosswalk with the intent to cross.

    Should you stop if someone is standing on the sidewalk looking they want to cross? Yes!

    Should you get a ticket for failing to stop and remain stopped for that pedestrian under ORS 811.028? No!

    Give me a call if you feel you’ve been unjustly accused of failing to stop and remain stopped for that pedestrian under ORS 811.028 or simply need to keep a clean driving record. Of love to chat with you about your case and see how I can help out.

    One last thing: stop for pedestrians. You’re in a giant machine and they could get seriously injured or killed if you don’t atop. Even if you appear to have the right to not stop under this law, it could expose you to prosecution under other laws or you could face a very expensive lawsuits. Definitely not worth the 30 seconds you save for not stopping.

  • SE Foster and SE 52nd Now a School Zone

    Look out SE Portland drivers! SE Foster and SE 52nd is now a school zone.


    View Larger Map

    That means drivers must drive 20 through that area when “children are present.”

    ORS 811.124: “Children are present” means that children are in the crosswalk, waiting on the curb at the crosswalk or a traffic patrol member is present.

    This is a big change for this section of road. Keep an eye out for those kiddos and hit the brakes or you’re risking getting a big, fat ticket!

  • Washington DOL Hearing Victory

    I recently represented a client in a Washington DOL Hearing (Department of Licensing) regarding whether his license could be suspended for allegedly failing a breath test.

    Following a car accident, my client was contacted by police. My client admitted drinking earlier in the evening but had stopped long ago. The officer did not smell any alcohol on my client but said that his eyes were droopy, red and watery. She arrested him for DUI.

    Upon arriving at the station, the officer prepared to do a breath test: she checked his mouth for any foreign objects; she waited the 15 minute waiting period required as part of the Washington State Toxicologist breath test protocol. She had my client blow into one BAC Datamaster breath test machines. It returned an “invalid sample” error. She turned to the second machine in the room and had him blow into that one. Subsequently, she charged him with DUI and asked Washington DOL to suspend his license.

    We requested a Washington DOL Hearing to challenge the validity of the license suspension. The Washington DOL Hearing Officer threw out the suspension because the officer failed to follow the court protocol.

    WAC 448-16-040 requires:“(4) In the event that the instrument records an “invalid sample” result at any point during the subject’s test, that subject’s test should be readministered, after again determining that the subject has no foreign substance in their mouth as outlined in WAC 448-16-040(1), and repeating the fifteen minute observation period.”

    The officer didn’t re-do the mouth check and didn’t repeat the fifteen minute observation period.

    The result? Client gets to continue driving without a pretrial suspension that would have resulted if we had lost his Washington DOL Hearing. Client may also be able to use the officer’s error to suppress the breath test in the criminal case as well.

    The moral? Police reports require a careful reading to catch the small errors that an officer may make. Those errors can yield big results.

  • Vancouver DUI Reduced to Negligent Driving

    Good Result on Vancouver DUI

    My client was charged with a DUI over .15% blood alcohol content. This case looked tough from the beginning, with allegations of a high BAC, allegations of an “overwhelming” odor of alcohol and a report detailing an extremely poor job on field sobriety tests. The original offer was to plead as charged and go to jail for 2 days.

    Initially, the State only turned over a written report. However, after reviewing it, it was obvious that there was also a video recording of the stop. After forcing the state to turn over the tape I discovered that 1) the first officer on the scene never smelled the odor of alcohol from my client; 2) the officers commented that she did an “amazing job” on field sobriety tests (despite writing up report to look like a terrible job); and 3) when client said she didn’t want to do field sobriety tests, officers made a veiled threat of arrest if she didn’t do them.

    The end result was a reduction from a high blow DUI to Negligent Driving 1. That means 3 years less probation, no further license suspension and avoiding a year of ignition interlock. That’s a great result for almost any Vancouver DUI!