wnjj wrote:
captnjack wrote:
This is obviously an incorrect interpretation of one
small section of the law.
Nope. As I quoted above, Oregon Revised Statute 811.130 in its entirely, on its own, describes a violation of impeding without once mentioning any other speed statues. It is not a small section. It is a separately enforceable statute all by itself.
Just because a driver violating 811.130 may prevent others from speeding, doesn't make it legal or non-ticketable.
Don't be these guys who ignored all of those behind them who were trying to flag them down because they just thought they were mad about the speed they were travelling.
True, Oregon statute 811.130 does say that.
(1) A person commits the offense of impeding traffic if the person drives a motor vehicle or a combination of motor vehicles in a manner that impedes or blocks the normal and reasonable movement of traffic.
But how do they "define normal and reasonable?" Their statute 811.100 "Violation of Basic Speed Rule" starts out with section 1 giving you the reasonable and prudent idea. Then you get into section 2(b) where you see speeds listed that are "prima facie evidence of violation of this section". These are listed in 811.105.
1) A person commits the offense of violating the basic speed rule if the person drives a vehicle upon a highway at a speed greater than is reasonable and prudent, having due regard to all of the following:
(a) The traffic.
(b) The surface and width of the highway.
(c) The hazard at intersections.
(d) Weather.
(e) Visibility.
(f) Any other conditions then existing.
(2) The following apply to the offense described in this section:
(a) The offense is as applicable on an alley as on any other highway.
(b) Speeds that are prima facie evidence of violation of this section are established by ORS 811.105 (Speeds that are evidence of basic rule violation).
(c) This section and ORS 811.105 (Speeds that are evidence of basic rule violation) establish limitation on speeds that are in addition to speed limits established in ORS 811.111 (Violating a speed limit).
Okay, so now we go to 811.105 to see what speeds are "prima facie evidence of violation of the basic speed rule." Right off the bat you see that anything in excess of the posted speed limit is a violation.
811.105
Speeds that are evidence of basic rule violation
(1) Any speed in excess of a designated speed posted by authority granted under ORS 810.180 (Designation of maximum speeds) is prima facie evidence of violation of the basic speed rule under ORS 811.100 (Violation of basic speed rule).
(2) If no designated speed is posted by authority granted under ORS 810.180 (Designation of maximum speeds), any speed in excess of one of the following speeds is prima facie evidence of violation of the basic speed rule:
(a) Fifteen miles per hour when driving on an alley or a narrow residential roadway.
(b) Twenty miles per hour in a business district.
(c) Twenty-five miles per hour in any public park.
(d) Twenty-five miles per hour on a highway in a residence district if:
(A) The residence district is not located within a city; and
(B) The highway is neither an arterial nor a collector highway.
(e) Fifty-five miles per hour in locations not otherwise described in this section.
So, I agree with captnjack. Quoting one small part of the statute is not a correct interpretation of the law.
