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Posted: 10/12/2004 8:50:53 AM EST
Can somebody tell me if this was a bullshit ticket or not. Was going down interstate at posted speed limit in heavy traffic in slow lane. Car ahead of me suddenly veers over to fast lane and I see a county sheriff has somebody pulled over on shoulder. Was only about 50 yards from them at this point doing 65. As I was right on top of them before I realized they were there did not have time to check fast lane and try to get over as a courtasey to the LEO. So slowed down to about 55 and went by carefully. After I drove by looked in rear view mirror and sheriff was standing by road looking at me. He then ran to his car and caught up to me about 2 miles down rd and pulled me over. Gave me a Failure to Yield citation. I said wait a minute how did I fail to yield, he says I am required to get over when they have someone pulled over. I say first off I had no idea that was a law but have always done it anyway as a matter of courtesy. Second I said I was right on top of him before I even knew he was there. He said the fast lane was clear and i responded that I didnt know it was clear and since I didnt feel like I had time to check was trying to be safe. He didnt give a damn and I had to pay a $135 ticket and go to traffic school because I passed a cop sitting along side the road.
Link Posted: 10/12/2004 10:54:09 AM EST
That sounds like total B.S. to me,you as a civilian are to yield to an emergency vehicle and stop or pull to the right side of road.

On a Highway incident it is the responsibility of the Public safety Personnel to position their vehicle in a fashion that will protect the Officer 1st,then the Citizen 2nd.

If this entails the Officer telling the citizen to move to a safer area then so be it.

You as a driver in the slow lane can't safely stop in you lane nor could you safely merge to the fast lane to provide the Officer a larger safety cushion.

You did what any prudent driver would do to not become part of an accident and with that you are not at fault.

We always position our Fire apparatus to block the scene and provide a large safety cushion for ourselves and the patients.

Sometimes we even park angled from the shoulder into the slow lane to give a natural barrier away from the incident.

This is always coordinated with Law Enforcement so we are all on the same page and working off the same playbook.

Maybe you can approach the Solicitor at your Court date and explain you side of the story or maybe you and the Officer can come to an understanding.

Either way it seems as if your destined to appear for a court date !

hope everything works out OK !

Link Posted: 10/12/2004 10:59:10 AM EST
There is a law here requireing you to move over and slow down when passing stopped public safety vehicles. If this went down the way you said it did though, I think you would have had a leg to stand on had you taken it to the box...
Link Posted: 10/12/2004 2:07:28 PM EST
A new trend in states is to adopt a "move over law" which requires drivers in my state of Florida to change lanes or reduce their speed to 20 that's right 20 miles below the posted speed limit. When overtaking a Emergency vehicle or even a tow truck with it's lights flashing parked on the side of a roadway. In Florida you did commit the offense based on your own words without any words from the cop. But we don't write a lot of them simply because no one obeys the law now and many aren't aware of it such as yourself.

It depends on how you look at it if it's a bullshit ticket or not. I tend to feel that every ticket I ever got was a bullshit ticket but just about everyone I've given was pure as the driven snow. I have been ticketed by cops who new I was a cop so we are not immune.

Link Posted: 10/12/2004 2:12:01 PM EST
Howdy, We have this law in WI too, State Staute 346.72. Requires you to move to the next lane when two are persent or slow to safe speed when passing when only one lane. It does however state that you have to do it when it can be safely done and not interfear with traffic. Sounds like you need to get the wording of the law where you got the ticket. Read it over then go to court. If it has these exceptions you may be able to articulate your possition enough to either get it dimissed or work something out. Good luck, RnR
Link Posted: 10/12/2004 2:17:52 PM EST
The "move over law" also exists in Georgia. There is also a mandatory "yield to pedestrian" law.

Both of these laws are little known, and widely ignored.

The reason for these laws is to protect pedestrian traffic and to protect LEO's doing their job.

Ignorance of the law is never accepted by the courts, sounds like you saw the lights in time. If you think you were wronged, get a lawyer, and go to court.


BTW, there was a game 18 wheelers used to play on the interstates, it was "blow smokey's hat off", it involved intentional near miss of a LEO with a big rig. Some got too close, now there is a law.......
Link Posted: 10/12/2004 2:35:07 PM EST
Without knowing state law I don't know what to tell you? That ticket wouldn't fly in Washington state. Take it to court and explain the circumstance
Link Posted: 10/12/2004 3:31:26 PM EST
They say ignorance of the law does not justify breaking it...
Link Posted: 10/12/2004 3:49:29 PM EST
[Last Edit: 10/12/2004 3:51:07 PM EST by Aim4MyHead]
Many states are adopting the " move over law" . I think it's a fantastic law which makes my job safer. The last thing i need to worry about is you clipping me with your mirror/bumper etc. It is your job as a motorist to know the laws that you must abide by when operatoring a motor vehicle. The only thing i cannot comment on was the level of traffic in the lane next to you. You could argue it but, highly doubtful you will win. Pay the ticket and pay more attention to the road.

J
Link Posted: 10/13/2004 4:16:34 PM EST
We have the law here. If the lane is clear to the left you get over. If the lane isn't you don't.
I might be inclined to go to court and tell the judge that you tried to yield to the left if it was in this state. You need to bone up on your state law.
That being said. It's my pet peeve to have people dust me.
Never written it yet. However, if someone nearly clips me, they will have a hard time outrunning motorola.
Link Posted: 10/13/2004 6:06:45 PM EST
[Last Edit: 10/13/2004 6:07:09 PM EST by DaTrueDave]
Here's why these laws were enacted: www.dw.ohio.gov/ohiostatepatrol/newsroom/video.htm
Link Posted: 10/14/2004 5:33:43 AM EST

Originally Posted By DaTrueDave:
Here's why these laws were enacted: www.dw.ohio.gov/ohiostatepatrol/newsroom/video.htm



ya know what bothers me about the last video. It took almost a minute before one of the passing motorist stopped.


J
Link Posted: 10/14/2004 6:33:59 AM EST
Actually, you can see some motorists pull over within about 15-20 seconds of impact.

That trooper is lucky that he didn't get pinned between the car and the railing.

We have a bridge that has a small shoulder on it. I hate backing on stops that on it since there is nowhere for me to go if we get hit except over the side and into the river. If I stop someone near it I wait till they are over the bridge before I pull them over.
Link Posted: 10/14/2004 3:57:33 PM EST
When driving in Michigan (Detroit) a year or so ago, I saw signs posted that said (paraphrasing) If you're within 1/4 mile of a cop car, you better move the **** over or you're getting a ticket...

They had a bunch of these signs along the insterstate (I-70N I believe).
Link Posted: 10/14/2004 5:59:45 PM EST
Link Posted: 10/14/2004 8:43:25 PM EST
From www.lrc.state.ky.us/krs/189%2D00/960.pdf


189.960 Right-of-way to public safety vehicle or to pedestrian engaged in work on
highway.
(1) The operator of a vehicle shall yield the right-of-way to any public safety vehicle or
pedestrian actually engaged in work upon a highway or within any highway
construction or maintenance area indicated by official traffic control devices.
(2) The operator of a vehicle shall yield the right-of-way to any public safety vehicle
obviously and actually engaged in work upon a highway whenever such vehicle
displays flashing lights meeting the requirements of KRS 189.920(3).
Effective: June 17, 1978
History: Created 1978 Ky. Acts ch. 46, sec. 10, effective June 17, 1978.



Go to court, talk to the ADA - explain your case.
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