Doré Law Firm

Tag: Photo radar

  • Milwaukie Is (Finally) Fixing Photo Radar Problems

    Oregon Law is Clear About Warning Drivers of Photo Radar

    Oregon Law sets out the requirement for warnings signs at the borders of cities using photo radar:

    [quote align=”center” color=”#999999″]ORS 810.439(1) sets out the pertinent prerequisites to the issuance of a violation on the basis of photo radar camera: “Notwithstanding any other provision of law, in the jurisdictions using photo radar: a citation for speeding may be issued on the basis of photo radar if the following conditions are met: …  (D) Signs indicating that speeds are enforced by photo radar are posted, so far as is practicable, on all major routes entering the jurisdiction.”[/quote]

    For years I’d been making the argument that, because Milwaukie didn’t have signs posted on 17th or on Johnson Creek, they couldn’t use photo radar:

    Old Milwaukie on 17th
    Milwaukie’s Old Setup on 17th – No Warning Signs

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

    Here, the City is in violation of ORS 810.439 because no R10-18 signs are posted on Johnson Creek at the jurisdictional boundary where that route enters the city. Johnson Creek is a major route entering the jurisdiction of Milwaukie. There are no R10-18 signs posted on Johnson Creek at the jurisdictional boundaries. This is a clear violation of ORS 810.436.

    The City may argue that placement of a signs elsewhere in the area is sufficient to meet the requirements of ORS 810.439. The City would be incorrect. ORS 810.439 requires warning signs at all points where a major route enters a jurisdiction using photo radar. The City’s compliance with ORS 810.439 is binary: it either is or is not in full compliance. Here, it is not in compliance.

    [/quote]

    The City Is Installing Proper Signs

    Milwaukie is now going through the process of installing proper signs. There are warning signs on Se McLoughin, SE 17th and, finally, on Johnson Creek. That’s a lot of the “major routes” entering town. Is it all of them? If not, this argument may still be alive and well. Contact me if you know of a “major route” entering Milwaukie that doesn’t have the proper signs.

    photo 1
    Milwaukie’s New Setup on 17th – Tiny “Traffic Laws Photo Enforced” Warning Sign in the Distance

     

     

    It’s Still Worth Fighting Milwaukie Photo Radar Tickets

    Just because milwaukie is finally getting in compliance with the Oregon legislature’s rules about photo radar doesn’t mean the tickets aren’t worth fighting. There are still plenty of issues to be raised: jurisdiction, if the speed limit being enforced is the actual speed limit and, like in recent case, the City may not prove all the elements of the violation.

    Contact me today to discuss your case. I offer a phone or in-office consultation. Let’s see what we can do to keep your ticket off your record.

     

  • Is It Worth It To Go to Court On An Oregon Traffic Ticket?

    Yes, It Is Worth It To Go To Court!

    I often get the question of whether it is worth it to go to court on an Oregon traffic ticket.

    The answer is almost always a resounding “Yes!” But, as you’ll see, you get the best chance of winning if you work with an attorney rather than going it solo.

    Your Options for Dealing with an Oregon Traffic Ticket

    With an Oregon traffic ticket, you generally have five options. Four of the options are listed on the ticket:

    [column col=”1/3″]Option #1[/column]

    [column col=”1/3″]Plead no contest (guilty) and pay the fine.[/column]
    [column col=”1/3″]This is one of the worst options. This option will have you paying the most and having no chance to keep the ticket off your record. The benefit to this option is that it takes the least amount of time and effort. However, beware of any potential suspensions or insurance issues.[/column]

    [column col=”1/3″]Option #2[/column]
    [column col=”1/3″]Plead no contest (guilty) and send a letter of explanation.[/column]
    [column col=”1/3″]This is slightly better than option #1 but is still one of the worst options. Sending a letter of explanation will usually result in your fine being cut in half. This option will save you a little bit of money but the ticket will still go on your record. Any explanation contesting the ticket will be ignored because you will have already plead no contest. The benefit to this option is that it saves some money and takes very little time. However, beware of any potential suspensions or insurance issues.[/column]

    [column col=”1/3″]Option #3[/column]
    [column col=”1/3″]Plead not guilty and request a trial.[/column]
    [column col=”1/3″]This is a good option. By requesting a trial, you get an opportunity to negotiate with the officer and potentially get your charged reduced or dismissed. You can also have a trial where the officer will have to prove the charge by a “preponderance of the evidence” – that means “more likely than not” or about 51%. Because of the reduced burden of proof, it can be very difficult for a person to win their own trial.

    The benefit to this option is that it gives you the best chance to negotiate a favorable resolution on your own. The negative is that negotiations on your own will probably just be about how much to pay and appearing in court is time consuming and expensive if you have to take time off work. [/column]

    [column col=”1/3″]Option #4[/column]

    [column col=”1/3″]Plead not guilty and request a “trial by affidavit.”[/column]
    [column col=”1/3”]This is not a good option. By requesting a trial, you’re contesting the charges against you. In a trial by affidavit, your written sworn testimony is presented to the judge as your side of the story. The officer will be present in court and will have the opportunity to testify. You will, unfortunately, have given up your chance to negotiate and to cross-examine the officer. Pieces of paper will lose to live testimony every time. I have yet to see a defendant win a trial by affidavit.[/column]

    Option #5: Hire an Attorney

    This is the best option. I will be able to take care of your first court date for you (saving you the several hours it can take to

    People Standing Line for Traffic Court
    Skip the Line – Hire Me to Handle Your Case

    see the arraignment judge. For many tickets, I can appear on your behalf – while you stay at work or take care of other obligations – and negotiate a resolution or represent you during the trial. An attorney will catch many of the technical details that will slip by a non-attorney and will know how to present evidence in an admissible way.

    Your best option to win a traffic ticket is with an attorney. Look over my previous case results and Contact me today to chat about your case and see how I can help.

  • 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.