2B Wednesday, March 8, 2017 Appeal Tribune
5 things you should know about
proposed distracted driving laws
WHITNEY M.
WOODWORTH
STATESMAN JOURNAL
Two proposed bills in
the Oregon State Legisla-
ture intend to curb the
sometimes deadly act of
driving while distracted
— a growing problem offi-
cials have deemed “an
epidemic... pervasive and
entrenched in our soci-
ety.”
The House Committee
on Judiciary met Monday
for a public hearing on
House Bill 2597. Another
bill, which would make
driving while using a cell
phone or other electronic
device a misdemeanor or
felony depending on the
frequency, is also making
rounds in Senate commit-
tees. If either bill passes,
it could seriously impact
how people who drive
while texting, surfing the
web or using social media
are caught and punished.
Five things to know about
distracted driving laws in
Oregon:
The loophole
Texting and talking on
the phone aren’t the only
problems, but thanks to a
loophole stemming from a
2015 Oregon Court of Ap-
peals ruling, they’re the
only primary distracted
driving offenses one can
be pulled over for. This
means if a law enforce-
ment officer spots some-
one behind the wheel
reading a Kindle, they
couldn’t pull them over
solely for that.
The loophole traces
back to the State of Ore-
gon v. Esmirna Raba-
nales-Ramos ruling. An
Oregon State Trooper
pulled over Rabanales-
Ramos after witnessing
the glow from an electron-
ic device light up her face
ANNA REED/STATESMAN JOURNAL
Todd Moquin, a sergeant with the Marion County Sheriff’s Office, testifies during a House
Judiciary Committee hearing on House Bill 2957, which would broaden the definition of illegal
mobile electronic devices used while driving, at the Oregon State Capitol on Tuesday, Feb. 27.
while she driving along a
Washington County road-
way. After the trooper
pulled the woman over, he
said he smelled alcohol.
He performed a field so-
briety test and arrested
her for DUI. A judge with
the Oregon Court of Ap-
peals ruled that because
the Oregon State Trooper
didn’t see Rabanales-Ra-
mos talking on the phone
or pressing buttons on the
phone, he did not have
probable cause to pull her
over. The evidence from
the traffic stop was sup-
pressed.
The law, ORS 811.507,
states one can’t use a mo-
bile device designed to re-
ceive and transmit text
and voice communication
while driving. The court
ruled the law doesn’t ap-
ply to those using the
phone; it only affects
those communicating on
one.
Hard to catch
“(The ruling) is result-
ing in numerous citations
being dismissed in courts
around the state,” Albany
police Sgt. Robert Hayes
said.
The National Safety
Council estimated about
one in four motor vehicle
crashes
involve
cell
phone use at the time of
the crash. Hayes said the
number of crashes caused
by cell phone use is in-
creasing at an “alarming
rate.”
Officers are having
difficulty enforcing the
cell phone ban, even as
more and more people are
dying in traffic deaths ev-
ery year, Lake Oswego
Sgt. Clayton Simon said.
Since the ruling, the Lake
Oswego municipal court
has seen a 60 percent drop
in warnings and citations,
Simon said.
“And that’s not because
fewer people are on their
phones,” he added.
Traffic deaths are up
With an average of
eight people dying every
day due to distracted driv-
ing, according to the CDC,
agencies like the National
Highway Traffic Safety
Administration and the
Oregon Department of
Transportation have de-
clared the deadly behav-
ior an epidemic.
Traffic deaths are on
the rise, both nationwide
and statewide. In 2016, 495
people died on Oregon’s
roads, a 58 percent in-
crease from the 313
deaths in 2013.
According to ODOT
statistics, a person is in-
jured in a crash involving
distracted driving in Ore-
gon every three hours.
“Distracted driving —
inattentiveness that oc-
curs when drivers divert
their attention away from
the driving task to focus
on another activity — be-
havior has become perva-
sive and entrenched in
our society” Oregon De-
partment of Transporta-
tion Director Matthew
Garrett said. “It has be-
come an epidemic facing
the country and the state
with fatalities and serious
injuries increasing each
year.”
HB 2597: Close the
loophole, educate first-
time offenders
The proposed bill in the
house would replace the
term “mobile communi-
cation device” with “mo-
bile electronic device”
and would include any-
thing not permanently in-
stalled in a car used for
text messaging, talking on
the phone, entertainment,
navigation, using the in-
ternet and producing
emails.
The changes would
clarify the law, remove
ambiguity and take into
account the capabilities of
today’s technology, Gar-
rett said.
The bill would also al-
low first-time offenders
to undergo distracted
driving education in place
of a fine but also increase
the maximum fine from
$500 to $2,000. First-time
offenders whose cell
phone use resulted in a
crash would not be eligi-
ble for the fine waiver.
Marion County Sgt.
Todd Moquin , supervisor
of the sheriff’s office traf-
fic safety team, said the
bill would not only close
the frustrating loophole,
it would also provide edu-
cational opportunities to
hopefully change danger-
ous distracted driving be-
haviors.
He requested that on-
call law enforcement offi-
cers and volunteer search
and rescue teams be ex-
empt from the cell phone
use ban.
Amateur ham radio op-
erators, trucking and
Portland General Electric
officials also asked dur-
ing the proposed bill that
exemptions be allowed
under certain circum-
stances.
SB 2: Harsher convic-
tions, increased fines
The other bill would
also expand the statute’s
definition to include so-
cial media use, navigation
and internet use. It would
make any use of a mobile
electronic device while
driving a Class A misde-
meanor. More than three
convictions in the span of
10 years would result in a
felony.
With the amendment, a
first-time distracted driv-
ing offense would carry a
maximum penalty of one
year in prison, a $6,250
fine or both. Multiple vio-
lations within 10 years
could cause the fine to in-
crease to as much as
$10,000.
Oregon Senate Presi-
dent Peter Courtney , the
chief sponsor of the Sen-
ate bill, said in a Decem-
ber hearing that he want-
ed to make the punish-
ments for distracted driv-
ing equivalent to the
sentences given for DUI.
“Distracted driving-
related
injuries
and
deaths are becoming an
epidemic,” he wrote. “Un-
til we, as a state, take dis-
tracted driving as seri-
ously as drunk driving we
aren’t going to be able to
change behavior.”
For questions, com-
ments and news tips,
email reporter Whitney
Woodworth at wmwood-
wort@statesmanjour-
nal.com, call 503-399-6884
or follow on Twitter
@wmwoodworth
Oregon bill would help transgender residents
change vital records to reflect new name, gender
TRACY LOEW
STATESMAN JOURNAL
Transgender residents
want the Oregon Legisla-
ture to make it easier for
them to change their
names and gender desig-
nations on vital records.
In written and oral tes-
timony at a committee
hearing Monday, more
than a dozen people de-
scribed their challenges
with the state’s current
statute, which requires a
legal petition that must be
publicly posted in a coun-
ty courthouse.
“I have feared for my
safety because I am trans-
gender, so as you can
imagine having to go into
a government building
where my old feminine
sounding name would be
publicly announced and
posted is prohibitive,”
North Portland resident J
Gibbons said.
The court process also
is inconsistent from coun-
ty to county and can be
costly and hard to navi-
gate, according to Basic
Rights Oregon, which re-
quested the legislation.
“Considering the ha-
rassment and discrimina-
tion transgender people
continue to experience,
this risk is an undue bur-
den for many of us,” said
Brook Shelley, co-chair of
the group’s board of direc-
tors.
House Bill 2673 would
create an alternative,
streamlined method for
transgender residents to
change their name or gen-
der marker at the Oregon
Health Authority.
It also would eliminate
the
requirement
for
courts to publicly post
court orders changing
their name or gender
identity.
Some transgender peo-
ple may feel more urgen-
cy around updating their
documents in light of re-
cent actions at the federal
level and in other states,
House Majority Leader
Jennifer Williamson, D-
Portland said.
tloew@statesmanjour-
nal.com, 503-399-6779 or
follow at Twitter.com/Tra-
cy_Loew
PUBLIC NOTICE
Notice of
Self Storage Sale
Please
take
notice
Absolute Storage LLC
– Salem located at 2605
Hawthorne Ave. NE,
Salem,
OR
97301
intends to hold an
auction of the goods
stored in the following
units in default for
non-payment of rent.
The sale will occur as
an online auction via
www.bid13.com
on
3/29/2017 at 12:00PM.
Unless
stated
otherwise
the
description
of
the
contents are household
goods and furnishings.
Sherri
Arnett
unit
#518; Alex James unit
#528;
Edwinna
("Ivory") Lyons unit
#1050. All property is
being stored at the
above
self-storage
facility. This sale may
be withdrawn at any
time without notice.
Certain
terms
and
conditions apply. See
manager for details.
Silverton Appeal
March 8 & 15, 2017

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E.J. HARRIS/SPECIAL TO THE STATESMAN JOURNAL
Santiam’s Riley Nicot steals the ball from Stanfield’s Enoel Angel as Austin Fawcett assists on the play in the Wolverines’ 57-54
win over the Tigers in the state 2A basketball championship game.
Santiam
Continued from Page 1B
1 seed Western Mennonite
53-33 in Friday’s semifi-
nals.
“We had confidence af-
ter that game, but we had
as much confidence com-
ing into the first game
(against No. 5 seed Im-
bler),” Jonah Downey
said. “We knew if we play
our game we could win.”
Stanfield (22-2) took a
44-37 lead into the fourth
quarter, but Santiam did
not wilt under pressure.
The lead changed hands
five times in the last 3:50.
After Stanfield’s Dylan
Grogan scored on a drive
to put the Tigers up 50-49,
Julian Downey hit a top-
of-the key 3-pointer and
was fouled. He completed
a four-point play that gave
the Wolverines the lead
for good at 53-50 with 2:20
remaining.
Santiam hit key free
throws down the stretch
to seal the win.
The Downey brothers
combined to score all 20 of
the Wolverines’ fourth-
quarter points.
“They’re such great
players,” Hill said. “They
have that little extra, that
competitive juice. You
can’t teach it. That’s in-
side of them and they just
stepped up and made
huge plays.”
They had plenty of help
in what was a total team
effort.
Senior forward Riley
Nicot didn’t score, but he
had a game-high 11 re-
bounds. Senior guard/for-
ward Austin Fawcett had
seven rebounds and two
blocked shots to go with
his two points.
“My teammates, they
bring me up,” said Julian
Downey, who was 9 of 15
from the field, including 5
of 9 on 3-pointers. “I
wouldn’t be as hot as I was
tonight without them.”
Downey, the Tri-River
Player of the Year, will al-
ways treasure his last
high school game that was
played on a court donated
by the Phoenix Suns from
their former home, Amer-
ican West Arena.
After the semifinal
win, Downey noted that
“it’s cool to think about
how some legends played
on this court.”
Players took turns cut-
ting down the net, which
will be on display at San-
tiam along with the cham-
pionship trophy for gener-
ations of Wolverines to
cherish.
“It’s surreal,” Hill said.
“It seems like a dream.”’
ghorowitz@Statesman-
Journal.com, or Twit-
ter.com/ghorowitz