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shewolf1956

careless citation on Private Property

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I am CDL driver and was Delivering a load to W**** DC Ctr. in Hermiston, Oregon. 3/18/09

As i was going out the gate after My delivery,

i had a fender bender on W**** Property past the Gaurd shack with the Guard's personnel vehicle .

As i understand the law, an officer cant issue a citation on Private property, commercial or personnel.

I was cited at that time a Careless tkt. by the hermiston Police.

On W**** Property.

is this wrong, i am going to court, tomorrow to see if i can have the citation removed off my MVR report.

[This post has been edited to remove personal or

identifying information. -Moderator]

Robyn L. Myers

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shewolf1956 said...

As i understand the law, an officer cant issue a citation on Private property, commercial or personnel.

That's not true in the case of a careless driving violation. Oregon Revised Statute 811.135 is the careless driving law. It states:

811.135 Careless driving; penalty.

(1) A person commits the offense of careless driving if the person drives any vehicle upon a highway or other premises described in this section in a manner that endangers or would be likely to endanger any person or property.

(2) The offense described in this section, careless driving,
applies on any premises open to the public
and is a Class B traffic violation unless commission of the offense contributes to an accident. If commission of the offense contributes to an accident, the offense is a Class A traffic violation.

(underlining added). So the question here is whether the spot where the accident occurred was "open to the public." In general, a parking lot for customers of a store is "open to the public" and it would therefore be possible to commit a careless driving offense on a store parking lot. I'm not sure what you mean by "past the guard shack." If you mean it took place in the area of the lot open to the public, you probably won't win this one. if it was in an area inside a fence open only to employees and those making deliveries to the store, then you might have a better shot at it.

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