Archive for the ‘motor vehicle’ Category

Portland parking ticketing for lack of license plates may cause City a big problem

Thursday, July 10th, 2008

Interesting piece here on the City of Portland parking patrol’s ticket writing campaign for vehicles lacking front license plates.  Apparently, our parking cops have written 3,000 high-dollar tickets on parked cars without front plates.

Assuming the report is accurate–and sometimes they aren’t–here’s the problem. While I could be mistaken, I believe that the basis of these tickets is found in the Oregon Vehicle Code violation at ORS 803.540. The problem is that the statute is makes it a traffic infraction when a person “operates” a vehicle without proper license plates. A vehicle sitting parked isn’t being operated by anyone. (ORS 801.370) So how the parking patrol can legally ticket 3,000 people in our fair is a question that occurs to me.

It’s been years since I found myself appearing in traffic court. (Talk about adventure!) So it’s possible that my take on this is off the mark. Still, I would be really curious as to whether the City is citing vehicles based only on ORS 803.540, and–if so–how they get around the “operates” requirement. They wouldn’t have illegally ticketed thousands of parked vehicles….

David Sugerman

Driver facing homicide charges for hitting cyclists to claim insanity

Wednesday, April 30th, 2008

Most of us have no trouble seeing the divide between cars and bikes from both sides, as most of us are both cyclists and drivers. Sure, there are a few purists on both sides. And among the purists, there are even some nut cases.

I’ve used that label in the past freely, but now it looks like the question will get its day in court. Story today about the motorist charged with attempted homicide in Multnomah County. It seems that Johhny Eschweiler may have gone all mental in a road rage incident.  According to the news report, a near miss by the driver led the cyclist to confront the driver shortly after. Apparently, Mr. Eschweiler then tried to kill the cyclists.

At least, that’s the implication, because his attorney indicated that he will plead guilty except for insanity defense.  I’m no expert on criminal law, but I assume that means more than road rage.

It’s tough on the roads. Despite Pdx’s great rah-rah rep as a bike friendly place, cyclists are exposed in most parts of our beloved city. We’re at the mercy of behemouths out there.  And of course, those of us who drive have had to dodge cyclists doing amazingly stupid things, like the guy who blew through the stop sign in front of me yesterday on his bike, carrying bags, no helmet, maybe an i-pod…. Thanks for that scare, pal.

If you find this annoying because you’re on one side or the other, know that I sit on both sides. I ride, I drive, and I represent cyclists and drivers.  Still, road rage is a killer. Maybe the lesson here is that we can all stand to take a deep breath and try to share the road?

David Sugerman

Driving Under the Influence-Les and Ambien

Wednesday, April 9th, 2008

Hate to admit it, but my car radio presets include Portland’s KINK FM. And from this I learned that the somewhat annoying morning guy, Les Sarnoff, was “on vacation” this week. I don’t mean to sound overly snarky, but alert readers of The Oregonian learned today that this wasn’t exactly a vacation, unless you call sitting in trial as a criminal defendant a “vacation.”

Seems that Mr. Sarnoff was in fact in trial in Clackamas County Circuit Court on charges of driving under the influence of an intoxicant.  According to news reports, he had taken ambien–a sleep aid–before leaving the for home so that he would fall asleep when he got home.

I’m something of an insomniac, so I suppose I can sympathize with the sleep problems. But taking Ambien before getting in your car isn’t much different from a tavern stop for three or four doubles on your way home.  Bad idea.

Witness accounts reported say that Mr. Sarnoff was off the road and nearly hit a building as he weaved his way toward home. Thankfully, no one was injured, so we don’t have to use the civil justice system to seek payment to cover someone’s harms and losses.

But the whole thing provides another caution and teachable moment.  Driving under the influence is a recipe for disaster or, in the smiley spin world of morning radio, “vacation.”

David Sugerman

Doctor Suffers Critical Injuries After Legs Crushed by Wayward Car at PDX

Tuesday, April 8th, 2008

This could be any of us. At the Portland Airport, you’re a passenger being dropping off curbside. You say your good-byes and go to grab the bags from the trunk. Most days, you walk off into the terminal.

Tragically, Dr. Joel Hopkin suffered life-threatening crush injuries when a wayward car set of a chain reaction, ending with a car crushing Dr. Hopkin against his car, as he unloaded his bags.

According to reports, Mr. and Mrs. Kerr started the chain reaction when Mrs. Kerr left their vehicle to look for an arriving air passenger. When she left their car to look for the passenger, Mr. Kerr climbed across into the driver’s seat. When he climbed over the middle, he apparently knocked the car into gear. Mr. Kerr may have panicked and hit the accelerator. The Kerr vehicle struck a vehicle in front of it, propelling that vehicle into Dr. Hopkin.

David Sugerman

Yamhill Co Motor Vehicle Accident Highlights Seatbelt Need

Wednesday, March 26th, 2008

By all accounts, it was a horrendous crash caused by a speeding driver. Yesterday’s fatal in rural Yamhill County involved a single Toyota Camry carrying seven passengers. That’s a five seater, so there was no way for all occupants to have seatbelts.

Only two survived the impact with a large tree. Probably no coincidence that one survivor–a toddler–was properly belted in a car seat. That’s another reminder that seat belts save lives. Some will say that seat belts are irrelevant here because the driver was out of control. True about the driver, but the thing is that passengers don’t control drivers, especially when the passengers are children. And no one controls other vehicles.

So it’s a simple sobering reminder. Buckle it.

David Sugerman