Is a Traffic & Engineering Survey Really Required?

I recently got a ticket crossing the California/Oregon border (1 mile into Oregon) where the speed limit drops from 75 (I think) in CA to 55 in OR. I was behind a truck and pulled out to pass in a legal passing lane and was clocked by radar (88 in a a 55 zone) by an oncoming trooper when I had to speed up to get back into my lane before he hit me. Is it true that MUTCD requires a traffic and engineering survey on ALL highways and I can beat my ticket if there isn't one? Oregon Dept. of Transportation says "no". What does the law say???

[CDornsife]

Originally Posted by Unregistered I recently got a ticket crossing the California/Oregon border (1 mile into Oregon) where the speed limit drops from 75 (I think) in CA to 55 in OR. I was behind a truck and pulled out to pass in a legal passing lane and was clocked by radar (88 in a a 55 zone) by an oncoming trooper when I had to speed up to get back into my lane before he hit me. Is it true that MUTCD requires a traffic and engineering survey on ALL highways and I can beat my ticket if there isn't one? Oregon Dept. of Transportation says "no". What does the law say???

Is a Traffic Engineering Study required? Yes! Does Oregon care? No!

If you wish to fight it, the law is on your side. Doesn't help when the courts don't feel it applies to them, but if every one lays down then it will not change.

This is one where an attorney may be a very very good idea. Even well reasoned and properly cited pro se arguments are routinely ignored by the courts in Oregon.

I doubt that is reason to beat the ticket unfortunately. But they do require it.