Category: Traffic

Hit and Run – What If It Doesn’t Involve Another Car?

Most people know that it’s wrong not to stop after an accident. What many people don’t know, however, is that in Oregon it is actually a Class A Misdemeanor is they don’t take certain steps to notify property owners of damage to property that isn’t a car. In Oregon a hit and run, legally known as Failure to Perform the Duties of a Driver (ORS 811.700), can be charged for very minor damage. Any sensible person knows that they must not drive away if someone is injured or if they hit another car, but what if it’s just running into something?

Hit and Run against Property on Side of the Road

An accident doesn’t have to involve another car for there to be legal duties. If a driver damages any “fixture or property” on or next to the road then they have a duty to stop. This would include road signs, buildings, dumpsters, or even a person’s front yard. If a driver damages someone else’s property, the person must take reasonable steps to notify the owner of the property of the damage and to provide their name, address, and the registration number of the car. They must also show their driver’s license if requested.

Hit and Run Can Include Vegetation

It makes sense that a person must notify the property owner if they run over someone’s mailbox. But what about if someone runs into someone else’s front yard or drives their car into a tree? A recent article in the Oregonian highlights a woman that was cited after driving her truck into a tree and then leaving. This woman was given citations for criminal mischief (for damaging someone else’s property) and for hit and run for not staying around to report the damage to the tree’s owner. Whether the vegetation is publicly or privately owned, since it has a value it must be reported if damaged.

Is it Hit and Run if the Car is Left Behind?

Is it really a hit and run if the car is left behind at the scene of the damage? That’s an interesting question, and one that should be discussed with an attorney if you find yourself in a situation like this. A couple of years ago I had a case where the client was charged for driving his car through a fence and into someone’s front yard after failing to make a turn in the road. The client fled and wasn’t found until the next day, but left his car behind as it was stuck in the deep groves left in the garden. We ended up getting the jury to return a not guilty verdict based on the argument that he had notified the owner of the damage by leaving the car there in plain sight, that he had provided his name and address as it was on the insurance card in the glove compartment, and that the vehicle registration number was also provided as it was on the car itself. Depending on the facts of the case, you can win a hit and run accusation, so speak to an experienced criminal defense attorney before taking any steps if you find yourself charged with hit and run.

May 7, 2013

A DUI Conviction Will Suspend Your License

Getting charged with a DUI is embarrassing. You might have to do a brief stint in jail. One of the longest lasting consequences is that a DUI conviction in another state will suspend your license.

As discussed in my previous post, A DUI in Another State is the Worst of All Worlds, there are two ways to lose your license from a DUI: the administrative track (through a DOL or DMV suspension) or following a conviction.

The Conviction Track

In Oregon and Washington you will lose your license if you’re convicted of a DUI. Both states have different lengths of suspensions that depend on the severity of the charge and your criminal history.

Oregon License Suspension After a DUII

After a DUII conviction in Oregon, the DMV will suspend your license. The length of the suspension will depend on your criminal history.

1st DUII	One Year Suspension	0-day wait for hardship permit
2nd DUII	Three Year Suspension	90-day wait for hardship permit
3rd/Felony DUII	Permanent Revocation*	No hardship permit

*Can petition the court to return driving privileges after 10 years.

Washington License Suspension After a DUI

After a DUII conviction in Oregon, the DOL will suspend your license. The length of the suspension will depend on your criminal history and the severity of the offense.

Blood Alcohol Content .08% – .15%
No Prior	90-day Suspension	Ignition Interlock License*
1 Prior	2-year Revocation	Ignition Interlock License*
2 or 3 Priors	3-year Revocation	Ignition Interlock License*
Blood Alcohol Content > .15% or Refused Test
No Prior	1-year revocation, 2 if refused	Ignition Interlock License*
1 Prior	900-day revocation, 3-year if refused	Ignition Interlock License*
2 or 3 Priors	4-year Revocation	Ignition Interlock License*

The ignition interlock license allows anyone with a Washington license to continue to drive so long as they have:

-Proof of a functioning Ignition Interlock
SR-22 Insurance
-$100 fee to DOL
$20 monthly fee plus monthly lease on the IID

The IIL lasts for a minimum of one year and runs through the length of any longer suspension or revocation. The court can order an IIL for up to five years.

DUI in Another State

Oregon and Washington will suspend the licenses of out-of-state drivers that get convicted of a DUI. Thankfully, the law in both states says you should be able to get a IIL (Washington law specifically allows an IIL for out-of-state convictions) or hardship permit (Oregon says your suspension should be treated as if the conviction happened in Oregon).

In practice, DOL and DMV don’t always follow these rules. They sometimes refuse to issue the alternative licenses. In those cases, you need legal help to enforce your rights.
f you’re an out-of-state driver, you have to fight the suspension. Otherwise, you’re in for a long time without any driving. You need an attorney that knows the law, how it interacts between the states and that will help you through the process. Give us a call so we can get to work on your case.

April 30, 2013

A DUI in Another State is the Worst of All Worlds

A DUI in Another State is the Worst of All Worlds

Getting a DUI in your home state is tough. It’s scary and stressful. Sometimes there’s jail or treatment involved. You almost always get a suspended license when you’re simply charged with a DUI. Getting a DUI in another state is even worse.

Two Ways to Lose Your License

There are two ways to lose your license when charged with a DUI. First, the Administrative Track. Second, the Conviction Track.

Administrative Track

In Oregon and Washington, everyone who drives a car on a public road gives their “implied consent” to do a breath test. That means, for legal purposes, you’ve already agreed to take the test. Whether or not you actually take the test is up to you but your license can be suspended for refusing to take a breath test or taking one and blowing over the legal limit of .08%.

Oregon: Morgan already did a great job covering this in her article Should I Take the Breath Test if Arrested for Oregon DUII?: “First, if you fail the breath test, meaning you blow at 0.08% BAC or higher, then your license will be suspended for 90 days. Second, the results of the breath test can then be used against you at any trial for the DUII charge. … If you refuse the test, you will automatically get a one-year drivers license suspension that will start 30 days after the arrest. If you have been convicted of a DUII in the last five years and refuse to take the test, the suspension will be for three years.”

Washington has a two-tiered system:

For BAC over .08% (.02% for minors): 90 days If it’s your first in 7 years. 2 year revocation if second or more in 7 years. For minors, one year or until 21, whichever is longer.

For a refusal: 1 year revocation if first refusal within 7 years and no prior suspensions for a high breath test. 2 year revocation if second or more refusal or first refusal with a prior high breath test suspension. (For minors, 2 years or until 21, whichever is longer.)

Fighting the Suspension: In both states, you can ask for an administrative hearing. Time is important! You must request your hearing within 10 days of arrest in Oregon and within 20 days of arrest in Washington. If you don’t request a hearing (or if you don’t win the hearing) the suspension will go into effect.

Bad Results

It is very difficult for an out-of-state driver to continue driving during a suspension on the Administrative Track.

Oregon: An Oregon driver, charged in Oregon, can apply for a hardship license. A hardship license – after a 30-day waiting period – will let you drive to, from or for work or school. A driver getting a DUI administrative suspension in another state will not qualify for a hardship permit because they do not have an Oregon license. The Oregon suspension will run its normal course and your home state will suspend your license and, as Washington does, refuse to reinstate until Oregon clears the suspension.

Washington: A Washington driver, charged in Washington, can apply for the ignition interlock license, or IIL. An IIL – with no waiting period – will let you drive any vehicle with an ignition interlock device installed (and some without if for employment purposes, with your employer’s consent). A driver getting a DUI administrative suspension in another state will not qualify for an IIL because they do not have a Washington license. The Washington suspension will run its normal course and your home state will suspend your license and, as Washington does, refuse to reinstate until Washington clears the suspension.

The result in both states is at least 3 months without a license.

What to do?

If you’re an out-of-state driver, you have to fight the suspension. Otherwise, you’re in for a long time without any driving. You need an attorney that knows the law, how it interacts between the states and that will help you through the process. Give us a call so we can get to work on your case.

Next time, the Conviction Track.

April 24, 2013
Big Changes May be Coming to Oregon Cell Phone Tickets

Oregon Cell Phone Tickets

Oregon Cell phone tickets, or Oregon mobile communication device tickets, are a class D violation under ORS 811.507. You can get a cell phone ticket if you drive a motor vehicle on a highway and use a cell phone to make calls or text without a hands free device, like a Bluetooth headset, or a hands free mode.

Defenses

There are a few defenses to Oregon cell phone tickets such turning the phone on or off or “activating a function.” Unfortunately, “activating a function” isn’t defined in the statute but I read it as allowing you turn apps on or off, dial the phone, or set a GPS destination. Unfortunately, that open interpretation also allows a judge a lot of leeway in deciding whether you were activating a function or not. Fortunately, the way the statute is written makes it look like the officer has to prove that you weren’t just activating a function.
You can also use a cell phone in the scope of employment if using a function of the cellphone that only allows for one way voice communication. Unfortunately, it’s totally unclear what that means.

Big Changes on the Horizon for Oregon Cell Phone Tickets

The Oregon legislature is considering some big changes to Oregon cell phone tickets right now that you should be aware of.

Senate Bill 9 would raise the price of a cell phone ticket to a presumptive fine of $260.00 (and a maximum of $1,000) if you’re caught texting without a hands free accessory. Talking on the phone stays at $160.00.

House Bill 2790 would the price of any cell phone ticket to $435.00 with a maximum of $2000.00. Yikes.

Senate Bill 294 would make it legal for taxicab drivers to hold cellphones so long as its only “one way voice communication.” The Oregonian is reporting the bill as allowing taxi cab drivers to talk on cellphones while driving. Unfortunately, the law itself isn’t so clear. it doesn’t say what “one way voice communication” means and most cell phones do two-way voice communication. Any cabbie talking on the phone – if it was a two-way call – could still get a cell phone ticket.

Unfortunately, SB 294 does nothing to clear up how exactly cabbies or other people using a phone for work communication can use the phone. One way voice communication seems to mean something like the old Nextel systems – Push-to-Talk software – that’s now available in some apps like Voxer or Zello.

Until that definition is cleared up, my recommendation is to just get and use a Bluetooth headset. It’ll save you a headache – and some wallet ache in the future.

April 15, 2013
Where to Park at Clackamas County Courthouse?

Trying to Park at Clackamas County Courthouse Can Be Tough. Watch out for Parking Tickets!

It can be hard to Park at Clackamas County Courthouse in located at 807 Main St, Oregon City, Oregon is always hard to find. It’s a busy place – filled with people there for criminal cases, divorces and jury duty. Parking was particularly bad during the Arch Bridge construction. Thankfully that’s ended but it is still hard to find a spot and easy to get parking tickets.

Oregon City has added a lot of parking on Main St using the new parking meter that accepts credit cards but those are still at a premium. There are few spots on the side streets that have coin meters but those are usually short term parking.

What should you do if you’re going to court?

I have three favorite places to park at Clackamas County Courthouse. I may be ruining it for myself but you should check them out, too. Click the pictures for a bigger view.

Short Term

My favorite short term spot that is almost always open is the metered spots right in front of McMenamins Oregon City at McLoughlin and 9th.

Coin Long Term

My favorite long term parking spots at Clackamas County Courthouse are across McLoughlin/99 (at 8th) are almost always open. The meters are coin-op only – so bring some quarters – but you won’t have to run out and feed the meter all the time.

Free Long Term Parking

If you want free parking, head down Main st to 14th by the Subaru dealership. Spots there are free for four hours. It’s a bit of walk to the courthouse but it does the job when you don’t have any way to pay for parking.

Free parking is almost nonexistent in downtown Oregon City around the Clackamas County Courthouse but you may be able to find some if you go even further down main to 15th & Main – there are a few spots on the north side of Main with no time limit.

Hopefully you find this information helpful. You can also check out Oregon City’s Parking Zone Map for more info.

Don’t steal my spot and remember to keep track of how long you have left on your meter. And if you get a ticket… give us a call!

April 10, 2013
Weigh Station Trouble: Splitting the Tandem.

Up on the Truck Scale

As every commercial driver knows, weight limits apply to commercial vehicles. Generally, those weight limits are 10,000 lbs per wheel, 20,000 lbs per axle and 34,000 lbs per tandem axle. Anything over these limits and you’re in for a hefty ticket down at the weigh station.

Oregon Rules Say How the Weigh Station Should Do its Job

Oregon Administrative Rule sets the method for how ODOT should be checking your weight against the weight limit at the weigh station. Single axles can be weighed on a portable scale or in-ground scale so long as only that axle is being weighed. Tandem axles “shall” be weighed by adding together the weight on all the axles in the set (if weighed individually) or by putting all the wheels on the truck scale. The rules don’t set a certain limit per axle in a tandem axle.

ODOT Changes the Rules at the Weigh Station

Even though the rules are clear, ODOT is enforcing a different set of rules at the weigh station. ODOT officers are weighing the axles of tandems separately and, instead of adding them up to get he total weight like the rule says, issuing over weight limit based on a single axle in the set.

What to Do?

Avoiding this problem can be hard. Most shippers don’t have the capability to measure tandem does independently. Presumably some won’t because its not required by Oregon law or rule. Unfortunately, it’s the commercial driver that pays the price – literally – for a load that isn’t balanced on the tandem axle.

The best thing to do if you get an overweight ticket at the weigh station is to call the experienced traffic attorneys at Dore Long.

April 3, 2013
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
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.

**

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