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Passing in no passing zone

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skynet

Junior Member
What is the name of your state (only U.S. law)? Oregon

Westbound on hwy 20 just outside of Newport, Oregon I started a pass on a 2 lane highway with a dotted yellow line on my side and a solid yellow line on the other side, I overtook the slow moving car but finished the pass in a no passing zone (dotted yellow line on left side, solid yellow line on right side). 5 minutes down the road an unmarked cop car pulled me over and gave me a ticket with the following details:

Offense 811.420 Pass in no passing zone

Safety Corridor box has a check in it

Presumptive fine $520

----

I had good visibility when making the pass and there was never any oncoming traffic (there was a curve up ahead towards the end of the pass where I was starting to lose visibility).

Court date is set for about 25 days from now in Newport, Oregon

I am a Canadian citizen and was just travelling to Newport for holidays, it's not realistic for me to defend myself in person. My driving record is clean for the last 6-7 years, I got into a couple accidents before that during my first 6 months of driving that were my fault.

Some questions:

Did I clearly break any laws?

If I did clearly break any laws, is there any grounds for getting this tossed out or reduced?

Will I be eligible for "trial by affidavit"?

What's my best move here? General advice needed.
 


HighwayMan

Super Secret Senior Member
Will I be eligible for "trial by affidavit"?

You tell us. Is that an option given to you? If not then you either have to return, hire an attorney to appear for you, or just plead guilty.


What's my best move here? General advice needed.

As far as what? It seems like since you were on the wrong side of the road at the wrong time you're in the wrong.
 

FlyingRon

Senior Member
By your own admission, you are 100% guilty of the offense. You can't be left of the centerline in the no passing zone. It is not sufficient that you started your pass in a passing zone.

You can either submit an explanation with your no contest plea (and paying the fine) OR you can call the traffic court and arrange to file a trial by declaration.
It matters little, you've not said anything that constitutes a defense. Each county in Oregon handles the requests slightly differently.

http://courts.oregon.gov/lincoln/docs/OOCTrial.pdf
 

skynet

Junior Member
Thank you.

I was unsure of whether finishing the pass just after the passing zone was in the grey area or clearly illegal.

I guess I submit a no contest plea with an explanation and hope for reduction of the fine

520$ is quite high - does the safety corridor box being checked increase the fine by a lot?
 

skynet

Junior Member
I don't have much money, it won't be easy to pay this fine especially not right away.

If I didn't pay this Oregon fine, would it effect me in the future if I drive in other states? Specifically WA, CA, or NV
 

HighwayMan

Super Secret Senior Member
Failure to pay a traffic fine will result in a license suspension which will subject you to arrest if caught driving.
 

skynet

Junior Member
OK but lets say you get a speeding ticket in new york and don't have the money to pay it and then are pulled over in montana 1 year later - will your new york speeding ticket cause you any problems? In my case where I live in Canada and only travel to US a few times a decade, how will this effect me? If I get pulled over driving in any state in the US will this previous ticket automatically come up and cause me criminal problems?

This is relevant for me as I will not have the money to pay for a 520$ fine anytime soon
 

Zigner

Senior Member, Non-Attorney
OK but lets say you get a speeding ticket in new york and don't have the money to pay it and then are pulled over in montana 1 year later - will your new york speeding ticket cause you any problems? In my case where I live in Canada and only travel to US a few times a decade, how will this effect me? If I get pulled over driving in any state in the US will this previous ticket automatically come up and cause me criminal problems?

This is relevant for me as I will not have the money to pay for a 520$ fine anytime soon

Yes, it could affect you - computers are a wonderful invention...useful for so much more than cat videos and porn.

Additionally, if you can't be bothered to obey the law and can't be bothered to pay the fines, then please don't drive on our roads.
 

not2cleverRed

Obvious Observer
OK but lets say you get a speeding ticket in new york and don't have the money to pay it and then are pulled over in montana 1 year later - will your new york speeding ticket cause you any problems? In my case where I live in Canada and only travel to US a few times a decade, how will this effect me? If I get pulled over driving in any state in the US will this previous ticket automatically come up and cause me criminal problems?

This is relevant for me as I will not have the money to pay for a 520$ fine anytime soon

I am curious: how do you afford auto insurance?

Or do you skip that too?
 

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