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Failure to Yield to emergency Vehicle.

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Marie34

Junior Member
What is the name of your state? Virginia

I was driving on the Interstate at 6:00AM, on August 14th. It was my first day out at 6:00AM since May, as I was transporting a student, and school was back in session.

Normally I pull over for any trooper who has a vehicle pulled over, but this time, I guess I just wasn't thinking and I didn't. He cited me for this fairly new (2 years, I think) law regarding moving over for an emergency vehicle on the side of the road.

My driving record has no blemishes on it. A ticket stays on it for 5 years, I believe....but it has been 10 or 15 since I have had any kind of an incident.

Can you please tell me how I might [plead my case to perhaps get the judge to dismiss it? This trooper (who cited me) and his seargant are working with V-Dot to have signs put up informing that people should move over. This area is a speed trap. (His seargant told me I should explain to the judge that there are no signs and that they are working towards that.)

I transport a student to a school and travel the interstate 2 round trips a day and have done it for 5 years going through all of the speed traps and never getting into any trouble.

My court date is tomorrow. Please help me.

Kindest regards
Marie34
 
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cepe10

Member
You have a good chance at probation or defferment on something like that. The Sgt. gave you a good tip it sound like...
 

Marie34

Junior Member
"if changing lanes would be unreasonable or unsafe, proceed with due caution and maintain a safe speed for highway conditions."

I had slowed from 70 to 64. Speed limit was 65. I didn't change lanes...It was one of those DUH moments. I always move over and why I did not do it that morning, I really can't answer. I wasn't on my game, so to speak, as it was the first day of school. We were travelling in a car. It was a small car and didn't take the entire lane and they were off the road.

I have driven this stretch of road for almost 4 years, 4 times a day. Never had a problem and like I said it is a speed trap and this was on a blitz day, where they had announced, unknown to me, because I was on vacation, that they were going to be on the road hot and heavy.

I am just wondering if there is anything I can say to the judge. I have my driving record that has absolutely nothing on it, a letter from the Principal of the school that the boys I have transported and am now transporting attend, and the Transportation supervisor that I work under.

I go to court tomorrow and am scared stiff.

Any help would be so appreciated.
Marie34
 

cepe10

Member
In your case i think bring up that your were below the speed limit, slowed down and gave them plenty of room along with the remorse you are exhibiting along with the newness of the law may get you probation or deferrment - pleading "guilty" this or a non-moving is about as good as you could hope for.

Also, the officer may not show and then you should get (or ask for) dismissal and object to a continuance.
 

LSCAP

Member
what cepe10 says, I think, Don't say you were doing 70 and slowed down, that tells them you were speeding. ie:You were driving, saw the police lights and slowed down,moved over etc.

It is a poorly written law.

I read that in one state they had a judge threw a bunch out, as the cops were using the law as a trap.
In another state they were using it as a "sting" operation.:(
 

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