CT - Failure to move out of the way fast enough??

[Cygnus111]

This happened in CT.

An officer was on a call (presumably), I saw him come up on me quickly with alternating headlights flashing. It was 5:30PM and there was traffic, I tried to move over and thought I saw someone in my blind spot so I swerved back before I changed lanes. I sped up, got far enough ahead of the car next to me and moved right, and then the officer put his "blue and reds" on and pulled in behind me.

He said he was on his way to a call and he didn't feel I got out of his way fast enough, so instead he took 5 minutes to write me a ticket.

Of course I'm going to court on this, it's a complete ego trip gone bad. Can anyone explain what right he has to do this?

 

[JETX]

Can anyone explain what right he has to do this?

Glad to.

General Statutes of Connecticut:
Sec. 14-283. Rights of emergency vehicles. Obstruction of.
(a) "Emergency vehicle", as used in this section, means any ambulance or emergency medical service organization vehicle responding to an emergency call, any vehicle used by a fire department or by any officer of a fire department while on the way to a fire or while responding to an emergency call but not while returning from a fire or emergency call, any state or local police vehicle operated by a police officer or inspector of the Department of Motor Vehicles answering an emergency call or in the pursuit of fleeing law violators or any Department of Correction vehicle operated by a Department of Correction officer while in the course of such officer's employment and while responding to an emergency call.

(b) The operator of any emergency vehicle may (1) park or stand such vehicle, irrespective of the provisions of this chapter, (2) proceed past any red light or stop signal or stop sign, but only after slowing down or stopping to the extent necessary for the safe operation of such vehicle, (3) exceed the posted speed limits or other speed limits imposed by or pursuant to section 14-218a or 14-219 as long as such operator does not endanger life or property by so doing, and (4) disregard statutes, ordinances or regulations governing direction of movement or turning in specific directions.

(c) The exemptions herein granted shall apply only when an emergency vehicle is making use of an audible warning signal device, including but not limited to a siren, whistle or bell which meets the requirements of subsection (f) of section 14-80, and visible flashing or revolving lights which meet the requirements of sections 14-96p and 14-96q, and to any state or local police vehicle properly and lawfully making use of an audible warning signal device only.

(d) The provisions of this section shall not relieve the operator of an emergency vehicle from the duty to drive with due regard for the safety of all persons and property.

(e) Upon the immediate approach of an emergency vehicle making use of such an audible warning signal device and such visible flashing or revolving lights or of any state or local police vehicle properly and lawfully making use of an audible warning signal device only, the operator of every other vehicle in the immediate vicinity shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the emergency vehicle has passed, except when otherwise directed by a state or local police officer or a firefighter.

(f) Any officer of a fire department may remove, or cause to be removed, any vehicle upon any public or private way which obstructs or retards any fire department, or any officer thereof, in controlling or extinguishing any fire.

(g) Any person who wilfully or negligently obstructs or retards any ambulance or emergency medical service organization vehicle while answering any emergency call or taking a patient to a hospital, or any vehicle used by a fire department or any officer or member of a fire department while on the way to a fire, or while responding to an emergency call, or any vehicle used by the state police or any local police department, or any officer of the Division of State Police within the Department of Public Safety or any local police department while on the way to an emergency call or in the pursuit of fleeing law violators, shall be fined not more than two hundred dollars or imprisoned not more than seven days or both.

(h) Nothing in this section shall be construed as permitting the use of a siren upon any motor vehicle other than an emergency vehicle, as defined in subsection (a) of this section, or a rescue service vehicle which is registered with the Department of Motor Vehicles pursuant to section 19a-181.

(i) A police officer may issue a written warning or a summons to the owner of a vehicle based upon an affidavit signed by the operator of an emergency vehicle specifying (1) the license plate number, color and type of any vehicle observed violating any provision of subsection (e) or (g) of this section, and (2) the date, approximate time and location of such violation.
Source: http://www.cga.ct.gov/2005/pub/Chap248.htm

HOWEVER, you will see that a violation of this statute REQUIRES that the emergency vehicle use "such an audible warning signal device and such visible flashing or revolving lights or of any state or local police vehicle properly and lawfully making use of an audible warning signal device only".

Your post says that they were only using VISUAL (the flashing headlights). If that is the case, your ticket should be dismissed.

 

[Cygnus111]

JETX -
Thank you for providing this information. I believe sub-section (g) shows my way out; I was not "willfully" or "negligently" blocking the officer, I was waiting to make a safe lane change.

 

[JETX]

JETX -
Thank you for providing this information. I believe sub-section (g) shows my way out; I was not "willfully" or "negligently" blocking the officer, I was waiting to make a safe lane change.

First, you're welcome.
Second, that is NOT your 'out'. The issue of whether your conduct was 'willful or negligent' is subjective. You can say it wasn't... the officer can say it was.
You need a SOLID justification.... and that (if your initial post was correct) is that the officer was not exhibiting an AUDIBLE device at the time. Also, subpoena the dispatch records to show that the officer was in fact responding to a valid emergency. I hate to admit this... but I have seen occasions when the 'emergency' was to get back to the station before change of shift since the department LOATHED overtime/comp time situations!!