Legal Question in Traffic Law in Oregon

Failure to yield when entering hwy

Around 11pm at night I was parked (SE-facing) along a road that is apparently classified as a highway in Portland (Naito Parkway). The location is NW Naito Pkwy @45.530390, -122.675870 and can be seen on Google maps.

Saw no vehicles coming and pulled out of the parking space; headlights came up from behind very fast and got very close, then lights came on and I was pulled over in the entrance of the apartments seen on the map.

Asked if I had been drinking (no, of course), and gave me a citation. He then backed his vehicle up into the intersection and drove off.

I plead not guilty. Looked it up, looks like ORS 811.280. Not sure if cop was speeding, or was just coming around the curve as I pulled out, but I feel it's bogus. Wondering how I should approach this, what sorts of evidence might be presented, etc. Wondering if there--name removed--some way to get his speed, or view cam footage that shows my innocence. Also wondering about ''as to constitute an immediate hazard,'' as in, he came up on me fast, but seemed to be able to slow down just fine, and how does the law define that hazard?

Any advice appreciated. Clean record, a speed ticket maybe 5 years ago. If shown wrong, will pay on spot. Thanks in advance.


Asked on 9/25/07, 10:35 pm

1 Answer from Attorneys
Sam Hochberg Sam Hochberg & Associates

Re: Failure to yield when entering hwy

A few thoughts for you. First, in Oregon, all public roadways are called "highways." That's just the terminology, and probably has no significance to your issues.

I looked at the googlemaps location you posted, and I didn't see much of a curve there. Most likely, you just didn't happen to notice the car that was coming up quickly from behind. You could have looked only once, then looked in a different direction before pulling out, and the car could have come up from behind in the interim. The safest practice is to always look twice. Perhaps the car was speeding. I presume you were saying that this car was ALSO the police car.

The best way to find out more is likely to just go to trial. You can also just CALL the citing police officer, if you wanted to discuss it more. Maybe he'd drop it; it CAN happen, now and then.

To prepare for trial, you should also send a certified letter, return receipt requested, to the police officer at work, requesting "All relevant material and documents for this charge pursuant to the DISCOVERY RULES" and you should ask the officer specifically to include any audio or video tape taken, a copy of the officer's DUTY NOTES, and the name and contact information for any witnesses, including the other officer in the car with the cop, if there was one. If you really wanted to, you could also request the cop's radio communications tape and/or transcript, although I'm not sure that would be likely to yield helpful information.

It COULD all just boil down to your word against the officer's, but I'd sure try to find out what the officer thought he saw that gave rise to the citiation. If you do go to trial, there is a chance that the officer won't be able to show up. This happens with some frequency in Multnomah County, where your case is presumbly going to be heard.

Good luck to you!

-- Sam

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Answered on 9/25/07, 11:27 pm


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