Expert: Robin Sexton - 6/8/2008

Question
Hi Robin, Recently, I received a speeding citation from a county deputy who was parked in a very clearly posted NO PARKING zone. He was partially out of his vehicle using a handheld lidar gun.

The location was a long freeway on ramp that had NO PARKING signs clearly posted the full length of the ramp by the state of Oregon.  When the deputy went to pull me over, I was forced to stop in the dangerous NO PARKING zone as well.

I have real issues with this for several reasons.  Oregon statute law clearly states that law enforcement my disregard traffic laws ONLY when responding to an emergency or in ACTUAL pursuit. After several hours of looking through the statutes I could not finding anything to justify the deputy violating the law and creating a dangerous situation especially when other reasonable alternatives existed.

Secondly, rule of law was clearly violated in the fact that the deputy should NOT have been there to begin with.  To me the deputy’s careless disregard of the law puts forward a double standard of law enforcement that is unacceptable because it clearly erodes and distorts rule of law not to mention generates disrespect for law enforcement.

Thirdly, in my mind the deputy has clearly violated my right to safety and right to travel safely.  His conduct was clearly UNREASONABLE to begin with.  

Currently, I’ve put a motion before the court to have my charge dismissed and I am waiting to have a hearing on the matter.

With all of this said, your take on this would be greatly appreciated!  Shouldn’t everyday citizens have a reasonable expectation that law enforcement will play by the same sit of fair laws as everyone else?  Am I being unreasonable to expect that my meaningful remedy for his violation of the law that directly effected me, be the dismissal of my charge?


Answer
Les,

Good luck on your motion however I don't belive you will prevail.  Most states have similar laws regarding exceptions to traffic laws by police.  Normally these are looked at in a fairly broad interpretation.  Further parking laws are not normally considered traffic laws.  In most jurisdiction a police officer can disregard parking restrictions while working. In most jurisdictions parking means stopping the car, turning it off and leaving it as compared to standing.  Technically neither you nor the deputy were parked. A police officer in a no parking zone is probably not going to be considered something that shocks the consciousness of the court.       
    During traffic stops drivers stop in all kinds of weird and wondrous ways.  That is why the  police vehicles have emergency lights.  Most interstate shoulders you are not allowed to park on either but the majority of traffic stops on interstates occurs on the shoulders.  Yes, merging back into traffic on a interstate can be risky but if a person is not capable of merging back into traffic on an interstate they probably should not be driving.
I agree with you on the premise that law enforcement should set an example by following the law. Just so it is understood that our laws and our society do allow for some exceptions.

Good luck

Robin