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Passing Emergency Vehicle - Move Over

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M

mnwind

Member
What is the name of your state (only U.S. law)? Minnesota

My wife passed a 'vehicle' with flashing light at normal speed on a free way last night. A police stopped her car and gave her a ticket "Ted Foss, move over" because she didn't change lane or reduce speed.

But my wife told me that the equipment with flashing light is not a police car or other moving vehicle, it is actually some kind of trailer with 3 wheels. Can it be classified as an 'emergency vehicle'? The police told my wife that she passed 'squad light' but not any vehicle.

It is her first traffic ticket ever. Do we have an argument here or should we just try plea bargin to pay the fine without leaving a record?

Thank you very much!
Mnwind
 


FlyingRon

FlyingRon

Senior Member
Here's the definition of the vehicles you have to move over under the Ted Foss law (Ted Foss by the way was a state trouper killed on the side of the road when a semi-trailer crashed into his squad car).

e) For purposes of paragraphs (a) and (b) only, the terms "authorized emergency vehicle" and
"emergency vehicle" include a towing vehicle defined in section 169.01, subdivision 52, that has
activated flashing lights authorized under section 169.64, subdivision 3, in addition to the vehicles
described in the definition for "authorized emergency vehicle" in section 169.01, subdivision 5.​

Now the 169.01 sub 5 is here:

Subd. 5. Authorized emergency vehicle. "Authorized emergency vehicle" means any of
the following vehicles when equipped and identified according to law: (1) a vehicle of a fire
department; (2) a publicly owned police vehicle or a privately owned vehicle used by a police
officer for police work under agreement, express or implied, with the local authority to which
the officer is responsible; (3) a vehicle of a licensed land emergency ambulance service, whether
publicly or privately owned; (4) an emergency vehicle of a municipal department or a public
service corporation, approved by the commissioner of public safety or the chief of police of a
municipality; (5) any volunteer rescue squad operating pursuant to Laws 1959, chapter 53; (6) a
vehicle designated as an authorized emergency vehicle upon a finding by the commissioner of
public safety that designation of that vehicle is necessary to the preservation of life or property or
to the execution of emergency governmental functions.​

Now, is a trailer a vehicle? Yes. See the definition (same section) of Vehicle, you'll also find trailers defined as vehicles.

Subd. 2. Vehicle. "Vehicle" means every device in, upon, or by which any person or property
is or may be transported or drawn upon a highway, excepting devices used exclusively upon
stationary rails or tracks.

Subd. 10. Trailer. "Trailer" means any vehicle designed for carrying property or passengers
on its own structure and for being drawn by a motor vehicle but does not include a trailer drawn
by a truck-tractor semitrailer combination or an auxiliary axle on a motor vehicle which carries a
portion of the weight of the motor vehicle to which it is attached.
​

So if the trailer was owned by the police, and had operating emergency lights, you are obligated to move over.
 
justalayman

justalayman

Senior Member
ron, you did such a nice job but I didn't see anything that specified lights are considered to be "authorized" and if there are any markings required for this to be considered an official emergency vehicle. Did you see anything that might require some specific types or color of lighting?
 
FlyingRon

FlyingRon

Senior Member
The section on lighting just says that police and other emergency vehicles are authorized to use flashing and colored lights (ohter than amber) which would normally be forbidden to non-emergency vehicles.
 
S

SuperLitigator

Member
sunds like a winnable case

as the state will not have the owner of the "emergency vehicle" at the trial to testify that it is an "emergency vehicle" .. the officer's testimony that it is an emergency vehicle would not be enough - people can paint their car anyway they want and put onto it any lights they want (could be illegal lights but they can do it).

The officer would have to testify as to your speed before , during, and after passing (he did not lidar you so he's going to have problems here to). And likely at night? His eyeballing of your speed can easily be done in by a good cross of his training etc.

Another stupid law passed my knee jerk reaction & just to collect money.
 
M

mnwind

Member
Thank you guys for your information!!!

My wife's speed was only 60 mph on freeway, so speed was not a problem.

BTW, the police wrote the wrong court division on the ticket. The incident happened in Hennepin county which is 4th district, but he wrote 3 on ticket (a different court). Could this be a significant typo to dismiss the case?

We will try plea bargaining with the prosecutor at least to keep my wife's record clean:)




SuperLitigator said:
as the state will not have the owner of the "emergency vehicle" at the trial to testify that it is an "emergency vehicle" .. the officer's testimony that it is an emergency vehicle would not be enough - people can paint their car anyway they want and put onto it any lights they want (could be illegal lights but they can do it).

The officer would have to testify as to your speed before , during, and after passing (he did not lidar you so he's going to have problems here to). And likely at night? His eyeballing of your speed can easily be done in by a good cross of his training etc.

Another stupid law passed my knee jerk reaction & just to collect money.
Click to expand...
 
HighwayMan

HighwayMan

Super Secret Senior Member
mnwind said:
BTW, the police wrote the wrong court division on the ticket. The incident happened in Hennepin county which is 4th district, but he wrote 3 on ticket (a different court). Could this be a significant typo to dismiss the case?
Click to expand...
Very doubtful that this would work. Mistakes like that usually do not result in a dismissal.
 
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