Doré Law Firm

Tag: ticket

  • 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.

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    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

  • 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.