Oregon Traffic Attorney

[Mount Rainier]

Here's a link found on the OregonMotorcyclist.com site for what it's worth..... No experience with these folks but you can add it to your list of possibilities if you'd like.

Kinda sounds like this LEO was fresh off a bad experience(s) with one or more prior incidents, possibly even MC related. Not supposed to happen but Cops are people too.... Good luck!

Keep Going!

 

[Intech]

I know that here in VA there is a law on the books that says on a multi lane divided highway that drivers are required to yield the left lane to faster moving traffic even if they are exceeding the speed limit. Of course, I have never heard of anyone getting ticketed for it and it sure as hell isn't enforced. VA isn't the only state with the law. I would check into that.

 

[Aasland]

I'm staying the heck away from Oregon. I don't need to go there.

I'm sure many Oregonians feel the same - there are enough people there already.

If you are going to avoid riding in states with at least one jack@ss LEO, then you're not going to get down your driveway.

 

[Aasland]

I know that here in VA there is a law on the books that says on a multi lane divided highway that drivers are required to yield the left lane to faster moving traffic even if they are exceeding the speed limit. Of course, I have never heard of anyone getting ticketed for it and it sure as hell isn't enforced. VA isn't the only state with the law. I would check into that.

Here in MN there is no such law. In fact, farmers in Buick's are required to go 5 mph under the limit and stay in the left lane. And nobody is allowed to use turn signals in roundabouts / traffic circles.

 

[wheatonFJR]

I'm staying the heck away from Oregon. I don't need to go there.

I'm sure many Oregonians feel the same - there are enough people there already.

If you are going to avoid riding in states with at least one jack@ss LEO, then you're not going to get down your driveway.

That's what I do...I get down to the end of my driveway then stop. I just can't pull the trigger.

 

[mferriter]

So in Oregon if someone is going 35 in a 65 in the left lane, you just have to sit behind them FOREVER? Even if the right lane is empty? That's screwed up.

Is there a legal definition of how close is "too close" in Oregon? At best, he was estimating how close you were in his rear view mirror. You might want to find out what the definition is an find out exactly how the LEO determined how close you were following. He should have to follow the legal definition of "too close".

 

[Mount Rainier]

I'm staying the heck away from Oregon. I don't need to go there.

Facetiously stated? Maybe. I hope so....

However, one never knows while traveling in Oregon regarding speed. It always gets me wondering just what are the generally acceptable speed limits in Oregon. I know that more often than not if I am doing the speed limit in Oregon, I am one of the slowest ones on the road. If I'm doing 8 over, I'm still being passed on a regular basis. There are certainly specific locations in Oregon where even the locals won't speed which has always been a good gauge as well.

90% of the time while riding in OR, if you have a OR licence plat in front of you, the car will make a special effort to move to the right to let you pass. Even on a simple two lane road they will straddle the fog-line and slow to facilitate your wanting to pass.

That's just what they do in OR. In Washington state, forget-about it. Your on your own trying to get by the person ahead of you. Unless they found there way north from Oregon.

The one thing that I do know for sure is that the state of Oregon has the best Moto friendly roads in the PNW and beyond. YMMV I just traveled 14K miles doing the Big Money Rally with 70% of it in OR. Damn fun those OR roads. But watch-out for critters and your speed.

I'm betting (hoping)BR is going to get off lightly if he forces the issue on this one....

Keep Going!

 

[Auburn]

So in Oregon if someone is going 35 in a 65 in the left lane, you just have to sit behind them FOREVER? Even if the right lane is empty? That's screwed up.

Is there a legal definition of how close is "too close" in Oregon? At best, he was estimating how close you were in his rear view mirror. You might want to find out what the definition is an find out exactly how the LEO determined how close you were following. He should have to follow the legal definition of "too close".

Kind of hard to judge closeness from your rear view mirror. Espcially with a car that has I very high deck for the trunk lid. Probably going to make you look closer than you really are.

Even harder to judge speed. Would doubt very seriously if the speed observation would be admissable in court with it observed in my rear veiw mirror...When obviously they cannot continuously do that.

 

[TomInPA]

This is a very subjective standard and is open to interrelation. An officer's interpretation will likely be given preferential treatment. Still in practicality, I suspect this is most often cited in the case of a rear-end collision, similar to a "clear assured distance" violation in other states.

Oregon has a Tailgating Brochure that says:

Tailgating is dangerous and against the law – it can cost you up to $355 in fines.The police now have the technology to catch tailgaters. A new laser can show officers whether drivers are

following too closely. This upgraded technology can tell how many feet and how many seconds you are from the

bumper of the car in front of you. It can also determine what role tailgating may have played in a crash.

The new lasers can also measure your speed – so you could get a speeding ticket AND a tailgating ticket.

I wonder if the unit had one of these distance measuring lasers? At 55 mph you would need to be at least 160 feet back. At 65 mph it's 190 feet. It looks like they have an enforcement initiative on this.

ORS 811.485 Following Too Closely; penalty.

1. A person commits the offense of following too closely if the person does any of the followingrives a vehicle so as to follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon, and condition of the highway.
2. Drives a truck, commercial bus or motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district or upon a freeway within the corporate limits of a city and follows another truck, commercial bus or motor vehicle drawing another vehicle without, when conditions permit, leaving sufficient space so that an overtaking vehicle may enter and occupy the space without danger. This paragraph does not prevent a truck, commercial bus or motor vehicle drawing another vehicle from overtaking and passing a vehicle or combination of vehicles.
3. Drives a vehicle when traveling upon a roadway outside of a business or residence district or upon a freeway within the corporate limits of a city in a caravan or motorcade whether or not towing another vehicle without operating the vehicle so as to leave sufficient space between vehicles to enable a vehicle to enter and occupy the space without danger.

[*]This section does not apply in the case of a funeral procession. Except for the funeral lead vehicle, vehicles participating in a funeral procession shall follow the preceding vehicles as closely as is reasonable and safe.[*]The offense described in this section, following to closely, is a Class B violation.

 

[Beamer Reamer]

thx for the thought, ideas, emails, and PM's. I am researching all and doing my best to find some local expertise. The ticket itself has all sorts of mystery codes on it that I need to get explained, I am working on that as well. I will eventually post up what came out of all this...

 

[HotRodZilla]

Well, a couple things.

First, it's not hard to judge the distance of a vehicle behind you if they are there long enough. I usually use some kind of mark. When the rear of my car passes it, I start counting. If they pass the mark before I hit 2-1000, they are too close. Not the most totally accurate measuring tool, but if they pass before I get to 1-1000, they usually get a flash of light. Only a very few ever get stopped.

I get the pulling over to the left thing, as I have written tons of those tickets. Here in NM, people have a tendencty to see emergency lights behind them and stop in the lane, or move to the left where we are trying to pass. That ticket is also written sparingly.

I'm with others who have talked about him driving under the speed limit in the left lane. Here in NM it is a citable offense. Drivers are only supposed to be in the left lane to pass. We get tons of "left lane vigilantes" who get tickets all the time for refusing to move over.

Only you were there, but if you weren't riding his ***, he may have a hard time convicting you in court. He will testify that he was traveling at whatever speed in the left lane. You need to come back by gettin him to admit he was traveling slower than then posted 65. If he does that, then ask him if it is illegal to pass on the right. Ask him if it is illegal to drive and block the left lane. When he says it is (the judge knows the answers to these questions) make him tell you how you could have gotten out of that situation without a citation.

He sounds like maybe he was having a ****** day, or maybe he's just an arse...You never know, but there's always one.

However, next time, move to the right...It really does irritate us when people move to the left. It messes with out plan, and people end up getting hurt by passing cars.

 

[Thug]

**** him he's an obvious Fucktunt....go get em......**** i hate coppers like that....

 

[JamesW]

Around here (WA.) it is a fairly frequent event to see folks pulled over to the left shoulder having contact made.Could mention this to the powers that be. Especially on I-5 between Everett and Smokey Pt. Seems like an immediacy/safety thing. Just down to John Day area and noticed every LEO vehicle I observed, unmarked or marked the plate number started with a single E. Put that in my clues record. Good luck.

 

[dcarver]

My first thought was he was going to say 'unsafe at 65 due to weather', but apparently that's not the case.

Not sure if this trick will work in OR but in CA I've postponed up to 6 times, delaying the case and officers memory. Sometimes you can check and find out when the officer is on vacation then attempt to schedule during that time period. Officer no show, you go. But that's been a long time ago..

Good Luck!

 

[Aasland]

However, one never knows while traveling in Oregon regarding speed. It always gets me wondering just what are the generally acceptable speed limits in Oregon. I know that more often than not if I am doing the speed limit in Oregon, I am one of the slowest ones on the road. If I'm doing 8 over, I'm still being passed on a regular basis. There are certainly specific locations in Oregon where even the locals won't speed which has always been a good gauge as well.

When we lived in Oregon it was hit-n-miss on the speed limits, but in general it seems that in more congested areas the speed limits were adhered to, in the boonies less so. Here in MN it's a constant 8-10 mph over, everywhere, except in the twisties where it's 15 over on the straights and 15 under in the corners.

90% of the time while riding in OR, if you have a OR licence plat in front of you, the car will make a special effort to move to the right to let you pass.

I couldn't agree more, and this behavior was even more prevalent in California. I miss it ...

 

[RoeckerJ]

I am a new FJR Owner, this great info for me at least I will know which county to stay away from. once a month I have to put up with two gresham police on bikes sitting at the entrance of the Apt. that block half of the narrow driveway the sit along the curb where it says no parking whats funny is that the red says fire lane not police lane.

So basically I will just go at the 55-60 mph range.

 

[motoxr124]

I looked at the statute regarding Fail. to Yield to Emergency Vehicle. The elements of the statute make reference to pulling over to the right. As you mentioned you pulled over to the left side. I believe the deputy will present that to the court and the judge will probably side with the state on that element alone. Sorry for the bad news. However, judges sometimes will lower the fine amount if you present to the judge what you mentioned here regarding crossing lanes of traffic and so forth. As for Following too Closely, the statute is written subjectively and subject to interpretation. However, the deputy will simply present vehicle speeds, vehicle lengths from one another, weather conditions, and the fact that you were pulling a trailer. All the deputy has to do is prove that the preponderance of evidence would result that more likely than not following too closely was the case. Unless of course, there was another deputy that used the new laser device on you and the unmarked poilce car. Generally unless a rear end crash occurred, I believe its tough to prove that you were following too closely. Careless driving would have been more easy for the deputy to use in trial due to the aforementioned conditions. Going to court is like saying doesn't hurt to ask. Go to court with a clear reasonable person interpretation of the statutes, present your case, and get the fine amounts lowered or better yet dismissed. Good luck. Hope this helps.

 

[timk]

I was in North Carolina goin thru a construction zone at speed limit,got tailgated by a LEO in a unmarked car. Became uncomfy at how close he was,sped up about 5 over, basterd pulled me over as soon as out of construction. Funny thing was I get a letter from a lawyer "willing" to fight my case for $20 less than the $250 ticket. This was only 2-3 days after the arrest.

 

[RPrice]

I'm staying the heck away from Oregon. I don't need to go there.

+1 !!!!!