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    Seiticorta's Avatar
    Seiticorta Posts: 4, Reputation: 1
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    #1

    Aug 1, 2007, 01:53 PM
    Meaningful Defense Against OCS 811.315
    I have a friend who was was driving me to my mothers in eastern Oregon when we were pulled over by and Oregon State Trooper. We were driving the posted speed limit of 65mph in extremely light traffic. The officer cited my friend for "Slow drive failing to move right."

    The trooper said that we were driving in the left lane and that the left lane is strictly for passing and even though we were doing the speed limit we are still considered "slow".

    I looked up the OCS 811.315 and it does not say that you cannot drive in the left lane or what the is considered a slow drive. According to the OCS a slow drive must move right if they are impeding the "natural flow" of traffic. Since were were the only car on the road at the time in that area, were we not the natural flow of traffic?

    Any ways my friend is going to dispute the ticked and I was wondering if there were any Oregon lawyers around the might have a good meaningful defense that my friend can use. I am at a lose and doubt that my testimony will even matter. We all know that when it comes to telling the truth, Officers are not above lying to cover their own butts and Judges always believe the officer over the civilian.
    GoldieMae's Avatar
    GoldieMae Posts: 263, Reputation: 89
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    #2

    Aug 1, 2007, 02:09 PM
    Not an Oregon lawyer, but did the cop write the speed on the ticket?

    In most states, the "slow" is 45 in a 65 zone.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #3

    Aug 1, 2007, 03:18 PM
    I can not speak for Oregon, but the laws is similar in GA and yes, if you were in the left lane just driving, and could have been in the right lane, that is grounds for the ticket. And it appears you were not the only car, since there was a police car also.

    Driving like this causes others to pass you on the right which is also normally illegal.
    Seiticorta's Avatar
    Seiticorta Posts: 4, Reputation: 1
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    #4

    Aug 1, 2007, 06:02 PM
    Quote Originally Posted by Fr_Chuck
    I can not speak for Oregon, but the laws is simular in GA and yes, if you were in the left lane just driving, and could have been in the right lane, that is grounds for the ticket. And it appears you were not the only car, since there was a police car also.

    Driving like this causes others to pass you on the right which is also normally illegal.
    Thank you all for responding. Some clarification if I may.

    The law does not mandate that all traffic must move right, it only mandates vehicles that are not moving at the normal flow of traffic must move right. Since were were "the only" car on the road at that point, we were by definition the natural flow of traffic.

    It should be noted that all because a car is doing the speed limit doesn't give the driver the right to stay in that lane if a car is traveling at a higher rate of speed. Regardless the drive being over taken MUST move right. No one likes a jerk in traffic, and we were not being jerks. We were simply staying out of the right line as slower cars moved onto and off the freeway as we passed through a city called Hood River. So in essence, prior to the officer coming onto the freeway, we were indeed passing slower traffic until there was none left to pass. At which point, a mile down the freeway, the officer entered the freeway and we were the only two cars on the road. He entered the freeway and moved in right behind us. We moved right, he moved right and engaged his lights. We pulled over.

    No he did not right the speed on the ticket. I will make note of that when I call my friend. Thank you.

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