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CharlieMoose · Mar 12, 2012, 07:34 PM

My son was issued a failure to yield ticket when he turned left on a green light. The oncoming car began to speed up (it was on a curve) and proceeded to honk at my son. There was no accident and my son continued his direction; however, he was pulled over a few moments later and given a failure to yield citation.

Can he fight this?

ballengerb1 · Mar 12, 2012, 08:18 PM

Sure he can fight it but he will most likely not bet the ticket. The officer will be present and likely testify that your son did not have the right of way and oncoming traffic was in fear of an accident blowing its horn. If he states "began to speed up (it was on a curve)" the judge will ask him how he knows the car was speeding up, and if it was why did he turn anyway. I'd ask for supervision rather than plead innocent. Sorry, been there

Fr_Chuck · Mar 12, 2012, 09:16 PM

Agree, you can always fight it, perhaps the police officer will not appear in court and the case will get thrown out.

Basically he can not turn left, if there is a on coming car. It is his story the car speed up, but he has to prepare for that and other things. Obviously the police officer who saw it, felt he did not properly yield, so it will be his word against the police officer, he will lose almost always.

alliecatdog · Oct 19, 2012, 04:53 PM

I was turning right out of a commercial driveway, I looked both ways, but did not look right a second time. As I proceeded to pull out, a bicyclist was right in front of me and I hit him--luckily no big time injury--... coming from the right... he was riding against traffic which is against the law in Oregon. I did not look right a second time, but I did not see him when I first looked to the right... I know there were no pedestrians on the sidewalk... but I did not see the bike guy at all.

I feel, if he hadn't been breaking the law by riding on the wrong side of the street, I would never have hit him. Should I fight this ?

alliecatdog · Oct 19, 2012, 04:54 PM

Oh, sorry, in addition... the ticket was for failure to yield at a driveway

ballengerb1 · Oct 19, 2012, 05:24 PM

You can fight the ticket but its likely you will lose. You were pulling out and did not yield to the cyclist. He may have been breaking a law but that does not allow you to hit him, you did not look enough before pulling out.

alliecatdog · Oct 19, 2012, 07:12 PM

Oh, since he was a bike guy... it's all OK... and I'm responsible... what about his responsibility as a biker ? I know he was riding at a pretty good clip, so it could be when I looked originally, he was not even in my sight... because I did not see him at all... but I guess that's all just OK because he's a biker? The guy was breaking a law... I was not ! I think you're nuts! But thanks you're your input !

ballengerb1 · Oct 19, 2012, 08:31 PM

Car meets bike, or better yet pedestrian. Who do you think has the right away? I am nuts? Maybe so, you ask a legal question but aren't happy with the answer so I am nuts. Still trying to see your logic

alliecatdog · Oct 19, 2012, 08:49 PM

Originally Posted by ballengerb1

Car meets bike, or better yet pedestrian. Who do you think has the right away? I am nuts?? Maybe so, you ask a legal question but aren't happy with the answer so I am nuts. Still trying to see your logic

According to Oregon traffic laws, he was violating the law by riding in the wrong direction. I knew there were no pedestrians... and who knows how far away the biker was when I looked right... he could have been in the intersection which was 200 ft. away and running a red light for all I know... and I know he was traveling fast... so you are saying he has NO responsibility here at all?? In the police report, he acknowledges he saw me and... since he was riding against traffic... why wasn't it his repsonsibility to stop?? I thank you for your input as it just gives me other angles to consider. Thanks

ballengerb1 · Oct 20, 2012, 10:34 AM

What specific Oregon law are you talking about that deals with direction he must ride? Having read the OR rules of the road 814.420 I am not seeing this law.

alliecatdog · Oct 20, 2012, 01:39 PM

Originally Posted by ballengerb1

What specific Oregon law are you talking about that deals with direction he must ride? Having read the OR rules of the road 814.420 I am not seeing this law.

It is on page 83 or 84 of the Oregon DMV driving manual ! A section about cyclists.. l..

ballengerb1 · Oct 20, 2012, 02:03 PM

Thanks but a page number does not help since manuals vary. Every vehicle code in OR has a statute number, have you read the one I referred to re bicycles?

alliecatdog · Oct 20, 2012, 02:39 PM

Originally Posted by ballengerb1

Thanks but a page number does not help since manuals vary. Every vehicle code in OR has a statute number, have you read the one I referred to re bicycles?

The page number I referred to was from the online PDF version of the Oregon DMV driver's manual... I will see if I can find the exact reference. What number did you refer to ? I must have missed that post... sorry.

ballengerb1 · Oct 20, 2012, 02:41 PM

814.420 OR statute

alliecatdog · Oct 20, 2012, 03:38 PM

Originally Posted by ballengerb1

814.420 OR statute

I read that statute and I understand what it is saying. In this particular area, it is against the law to ride in a bike lane going against traffic... which this guy was doing.

In addition, I don't know if I said this before, the biker was given a ticket for riding the wrong way in a bike lane. In fact, our bikes lanes have signs painted in them, with arrows, showing the correct way to ride.

So, I guess I'm saying he was clearly breaking the traffic law... while I feel terrible about the accident, I feel I had done everything I should have----except I guess not looking to the right a second time... but who expects to have anybody there once you've not seen either a pedestrian or biker the first time ?

ballengerb1 · Oct 20, 2012, 03:43 PM

Sound like, in light of this new info, you were both ticketed for breaking the law. Every state in the union requires a driver to be in control enough to avoid a collision. Are you asking this question on this site because you are considering fighting the ticket in court or what.

alliecatdog · Oct 20, 2012, 04:06 PM

Originally Posted by ballengerb1

Sound like, in light of this new info, you were both ticketed for breaking the law. Every state in the union requires a driver to be in control enough to avoid a collision. Are you asking this question on this site because you are considering fighting the ticket in court or what.

Yes, but I'm guessing from this comment... you think I would lose ?

ballengerb1 · Oct 21, 2012, 10:28 AM

Originally Posted by alliecatdog

Yes, but I'm guessing from this comment...you think I would lose ?

you can always plead your case but I do not see a strong case for you. You should discuss this with an attorney. They can sometimes win when an individual would not.

alliecatdog · Oct 21, 2012, 12:23 PM

Originally Posted by ballengerb1

you can always plead your case but I do not see a strong case for you. You should discuss this with an attorney. They can sometimes win when an individual would not.

Hey thanks for in input... appreciate it !