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Loren
Loren, Lawyer
Category: Traffic Law
Satisfied Customers: 32993
Experience:  Former Asst State Attorney/Hearing Officer
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I moved to Oregon 3 years ago. Not long ago, I went to an area

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I moved to Oregon 3 years ago. Not long ago, I went to an area I had not visited in about a year. There was a new concrete barrier which turned a previous two-way road into two one-way roads. I was coming out of Home Depot where I had to turn right in order to access the previously two way road. There was a signal light there. Quite a bit forward from the signal light was a sign saying, "Stop Here on Red," which I had never seen before. It registered in my mind, and I stopped (a long time, also because traffic was pretty steady coming from my left on this one way road)... Once I felt that the traffic was such that I could make my right turn (legal in Oregon, unless otherwise stated as "No Turn on Red", I turned right. Not right away, but a bit after, I noticed a patrol car with their red light on...I wasn't sure who it was for, because I wasn't speeding. I realized it was me, and pulled over, shaken up and wondering what he thought I had done wrong. The officer told me there was no right on red where I had turned and asked if I had seen the traffic sign. Thinking he meant a "No Turn on Red" sign, I said that I had not. (which I couldn't have because it wasn't there) Later, I went back to see where the "No Turn on Red" sign was and how I had missed it, and saw the other sign that I had obeyed, by stopping at the point it asked before completing my turn on right. Now I am gong to have a traffic court trial. I feel that the sign is misleading, if its intention was "No Turn on Right." The clerk at the traffic court implied that there had been many people cited for that turn and that the judge never declared anyone not guilty. I don't know who in Oregon is responsible for signage ... but feel that to enforce such a confusing sign, which results in an unintended but happy event, probably, for the dwindling coffers of the public services served by traffic fines... is unfair. There is no mention of "Stop Here on Right" in the Oregon Driver handbook but they do mention the "No Turn on Right". Any suggestions? I would like to see that sign replaced by one that unintentionally confuses and even tricks people into violating the law that they had no intention to violate. ???
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide you excellent service.

I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.

A stop here on red is not the same as a no turn on red. They are two different signs and do not regulate the same thing. If the signage is obscured or confusing then you will want to bring in a photo of the intersection showing the signage from the driver's perspective. The judge will either agree or not agree with your defense, but at least you will be able to present your case. If the sign is not clearly visible or confusing to a reasonable person then the ticket should be dismissed.

You can ask the prosecutor to point out where in the traffic code it indicates that a stop her is the same as a no turn on red.

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Thank you.

JudgeLaw
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