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811.147

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pianist

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

We were travelling home from California and reached Klamath Falls, OR. There was heavy rain and flash flooding. Coming into Klamath Falls, before a crest, we saw 3 flares off to the right side of the road that looked as though it was marking debris on the side of the road (like what was left of an accident - 3 pieces of parts laying on the right side of the road). We were on a 4 lane highway and we were in the far right lane in a PT Cruiser in heavy traffic.

About 1/3 to 1/2 mile after that after we reached the crest and started somewhat downhill and curving slightly right, the car in front of us moved to the right, suddenly revealing a police car broadsided in our lane, sitting in water that was coming diagonally across both lanes. We slowed down quickly and, after checking mirrors and signalling, merged skillfully into the left lane of traffic with NO incident at all. Whew ... we then got back in the right lane and got off at the next off ramp to get gas. It was then two police cars came after us and one stopped and gave us the ticket with the only charge as 811.147 failure to maintain a safe distance from an emergency vehicle.

We live in Spokane and this is a mandatory appearance, so we've requested a jury trial on July 22nd. Suggestions or comments?
 


I_Got_Banned

Senior Member
I think your post is confusing for a couple of reasons... One being, you kept saying "we", "our" and "us"... How many people were driving?

Moving along...
We were on a 4 lane highway and we were in the far right lane in a PT Cruiser in heavy traffic.

About 1/3 to 1/2 mile after that after we reached the crest and started somewhat downhill and curving slightly right, the car in front of us moved to the right, suddenly revealing a police car broadsided in our lane, sitting in water that was coming diagonally across both lanes. We slowed down quickly and, after checking mirrors and signalling, merged skillfully into the left lane of traffic with NO incident at all. Whew ... we then got back in the right lane and got off at the next off ramp to get gas.
So you were in the right lane, the car in front of you "moved to the right"??? Was he driving on the shoulder then??? :confused:

Then you stated that the police car was "sitting ... diagonally across both lanes"... So even if you changed to the left lane how did you get past it if it was "sitting diagonally across both lanes"?

At any rate, here's the statute you are charged with violating:
811.147 Failure to maintain safe distance from emergency vehicle or ambulance; penalty.
(1) A person operating a motor vehicle commits the offense of failure to maintain a safe distance from an emergency vehicle or ambulance if the person approaches an emergency vehicle or ambulance that is stopped and is displaying required warning lights and the person:
(a) On a highway having two or more lanes for traffic in a single direction, fails to:
(A) Make a lane change to a lane not adjacent to that of the emergency vehicle or ambulance; or
(B) Reduce the speed of the motor vehicle, if making a lane change is unsafe.​
(b) On a two directional, two-lane highway, fails to reduce the speed of the motor vehicle.​
(2) The offense described in this section, failure to maintain a safe distance from an emergency vehicle or ambulance, is a Class B traffic violation.

Granted, it does not specifically state what you should have reduced you speed to, my guess is that the officer's version of the story will suggest that you either did not make a lane change to a lane not adjacent to that where the officer's vehicle was OR, more likely, that you failed to reduce your speed as you passed by.

Lastly, I am also unclear as to whether the witnessing officer and the citing officer are one and the same. How many officers are named on/signed the citation?
 

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