Category: Traffic

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!

February 18, 2021

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.

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Oregon Traffic School Qualifications

Court	Eligibility	Class and Terms
Beaverton Municipal Court	No 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 Court	None
Clackamas County Justice	None
Clatsop County Circuit Court	None
Dundee Municipal	A single moving violation; clean driving record for the past 3 years; and valid license.
Deschutes County Justice Court	1 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 Court	Case Dependent
Gervais Municipal Court	No convictions in last 3 years	Must complete class within 30 days, stay ticket-free for 6 months
Gladstone Municipal Court	No prior traffic tickets; no prior traffic schools
Hillsboro Municipal Court	Two 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 Court	Speed < 20 over limit. No convictions in last 5 years. Out-of-state drivers must submit DMV record.
Hood River Municipal Court	No traffic school in prior 10 years; no accident w/ current ticket; excluded: DWS; No insurance; Failure Carry Proof Insurance	Uturn180.com
Lake Oswego	No ticket or class in prior 5 years	Uturn180.com
Marion County Circuit Court	None	None
Marion County Justice	Non-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 Court	No 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 Court	No 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 years	HRDC w/in 90 days. proof w/in 120 days 12 months good behavior 1/2 fine w/in 30 days
Monmouth Municipal Court	No 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 County	None
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 Court	no traffic school or tickets in prior 5 years; No CDL	CSI ($40-45) $45-285
Silverton Municipal Court	Single violation; no other moving violations or traffic crimes in last 3 years; valid non-CDL; no accident; no “no insurance;” no charges with fines > $435	complete class within 90 days 180 days clean record presumptive fine
Silverton Municipal Court	Insurance 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 Court	No 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 Court	No 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 Court	No moving violation convictions for 5 years; no traffic safety schools for 5 years; No Class A violations; No speeding 20+ over limit; No CDL	CSI or other 4-hour in-person class Pay for class
Wasco County Circuit Court	No 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 Court	No moving violations or traffic crime convictions, or traffic diversions in last 4 years; No CDL, no pending tickets	CSI 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 Court	No convictions for last 5 years	Keep clean record for 6 months fee to court + pay for class
Wilsonville Municipal	No 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 Court	clean driving record for last 3 years; no prior traffic diversion; no CDL; no Driving While Suspended; no No Insurance; no cases involving accidents	keep clean record for 3 months after entering plea presumptive fine to court, class fee

Oregon Traffic Diversion Eligibility

February 18, 2021

No More Traffic School at Yamhill County Circuit Court

It is with a sad heart I must report that the Yamhill County Circuit Court is no longer offering traffic school. I’ve removed it from the list of Oregon Traffic Schools.

That only leaves us with two options:

1. Try to negotiate with the officer. Sometimes officers are willing to officer reduced charges or outside-the-box resolutions depending on your circumstances. In my experience this always goes better if you have an attorney representing you; or

2. Take the case to trial. At trial, the State’s job is to try to prove more-likely-than-not that you committed the violation. My job is to poke as many holes in their evidence as possible – or prevent the evidence from going to the judge in the first place. That’s always risky, though, so I recommend at least attempting to bargain.

If you have a ticket in Yamhill County Circuit Court, or any other Oregon traffic court, contact me to discuss your options!

August 27, 2018
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.
July 14, 2017
2017’s New Driving Laws – Your Duties After an Accident in Oregon

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!

The Legislature changed two important rules about your duties after an accident.

Damage Threshold for Accident Reporting Increased

Effective immediately, SB 35 changes the threshold for reporting an accident to DMV, on the DMV’s accident reporting form, has been increased to $2500.00. If your vehicle (that you own or are driving) suffers more than $2500.00 in damage, you must report it. If any non-vehicle property suffers more than $2500.00 in damage, all drivers involved must report the accident.

The obligations to report if any vehicle is towed, or any person is killed or injured, remains unchanged.

If you don’t report an accident when required, it can be a class B traffic violation and DMV can suspend your license until you file the report.

New Requirement to Provide Insurance Information after Accidents – or Risk Hit and Run Charges

As of January 1, 2018, HB2403 makes it mandatory to provide insurance information to other parties in an accident. HB 2403 amends the hit and run statutes, so that if you don’t provide the information and you leave the scene of the accident, you can be charged with misdemeanor or felony hit and run.

You also have to provide insurance information if you leave a note following a fender bender.

The requirement to provide the name and address of the driver and the registration
number of the vehicle that the driver is driving, and the name and address of any other occupants
of the vehicle remains the same.

If you’re in an accident, don’t forget stop immediately and provide all of the above information or you risk the possibility of a hit and run charge.

July 13, 2017
Blake Dore on KATU Talking Fixed Photo Radar

I was recently interviewed on KATU regarding Portland’s new Fixed Photo Radar System!
The system has been updated since this interview but it still doesn’t the meet the technical requirements of the City’s statute.

September 23, 2016
Portland’s New Fixed Photo Radar is Set Up Wrong

The New System Is Out Of Compliance

I recently wrote about Portland’s new fixed photo radar program that is being setup on SW Beaverton-Hillsdale Highway. When I first checked out the setup, the City hadn’t finalized the setup. Now, it looks like they have and it’s wrong. It’s hard to understand why the City is setting this up wrong from the very beginning — especially when getting it right is very easy.

The Signs are Wrong

The City is using text-only signs that say “Traffic Law Photos Enforced.” As discussed in my previous post, the City is required to use the officially approved signs –R10-18 signs – that include the image of a flashing camera. The City has elected to use signs that don’t comply with the law.

The Warning Sign and Speed Display Are Separate – That’s Wrong

The authorizing statute requires “a sign [to be] posted announcing ‘Traffic Laws Photo Enforced.’” The sign must “provide information about drivers about the driver’s current rate of speed.”

Here’s the warning sign:

Note: it does not display driver speed.

Here is a display for driver speed which is further down the road. As noted, the statute requires the warning sign be with the speed display. The City chose not to follow the statute.

Here’s another view from farther back showing how the newly installed sign and display is already blocked by trees.

Here’s the new east-bound camera setup:

The Warning Sign is Too Far from the Camera

Finally, here’s a measurement on google maps of the distance from the statutorily-incorrect sign to the new fixed photo radar cameras.

Note the distance is about 1,459 feet from warning sign to camera. 1,459 feet is 486 yards. By statute, the warning sign must be located with the speed display 100 to 400 yards before the camera. for whatever reason, the City has decided to make the initial setup in a way that violates 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!

August 6, 2016
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!

August 4, 2016
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!

September 17, 2014
Back to School Means Back to Stopping for the School Bus
With most students heading back to school next week, we’ll once again be sharing the roads with school buses helping to get them there. Remember to observe the following laws when school buses are stopped with lights flashing- besides the obvious safety risks, in Oregon you can get a ticket even if a police officer doesn’t observe the violation and in Washington, you can expect your fine to be double the normal amount.
- Prepare to stop when you see a school bus with flashing amber lights
- When red lights are flashing, traffic in all directions is required to stop before reaching the bus
- Remain stopped until the lights are no longer flashing
- This law applies to traffic going all directions on any roadway with 2 or more lanes of traffic
- In Oregon the only exception is if you are on a divided highway with 2 roads separated by a median or barrier. (a painted dividing line or road with a center turn lane does not count)
- In Washington, it is permitted to pass a stopped bus as long as the road is at least 3 lanes and you are going the opposite direction
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.
August 28, 2014