Failure to yield to emergency vehicle

[puzzled_kid]

What is the name of your state (only U.S. law)?
I was driving through the state of Alabama, when I saw a police officer had another vehicle pulled off the highway. When I saw this from a distance I immediately starting slowing down. The speed limit was 70 mph and I slowed down to 50 mph. I tried to merge to the passing lane but there were other vehicles, by the time I was able to merge over I had passed the officer. When I passed him, he was still dealing with the other driver. He wasn't even in his vehicle. I continued to drive and I looked up in my rearview mirror and noticed that there was a police vehicle with its lights on. I knew I wasn't speeding, but I did pull over. I had 2 other passengers in my vehicle with me, and the individual that was riding in the back concurred with me that I was not speeding, because he could see my speedometer from his seat. The police officer came to my vehicle. Upon his visit, I immediately asked him what was wrong, because I was not speeding. He concurred that I was not speeding, but he asked me why I didn't get over in the left lane when I saw his vehicle. I said that I tried, but there was a vehicle in the path, he claimed there was none. He then told me about a statute that I was to merge to the left whenever I saw a stationary emergency vehicle on the right. I told him that I was not aware of that statutue, but I did slow down and tried to merge. My passenger even told him the same thing. He said that I was flying past him. He also asked me a bunch of questions, like where I was from, and how long I would be there, and why was I travelling. Anyway, he gave me a ticket for failure to yield stat emergency vehicle, statue 32-5A-58.1.

I looked up the ticket cost and it is $178.60! My passengers are unable to come with me to the trial, so I was going to get a notarized statement from them concerning the incident. What else should I do?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

[JETX]

Originally Posted by puzzled_kid

he gave me a ticket for failure to yield stat emergency vehicle, statue 32-5A-58.1.

What else should I do?

Your only possible argument is that you were: 1) Unable to change lanes due to SAFETY and TRAFFIC CONDITIONS AND that you 2) reduced your speed to a "safe speed for road conditions".

How do you propose to PROVE that in court??
Also, you need to have your witnesses WITH you at the time. Most courts won't take 'written statements' as the document cannot be cross-examined.


Here is the Alabama statute:
Section 32-5A-58.1
Yielding right-of-way to stationary authorized emergency vehicle.

(a) A motorist approaching a stationary authorized emergency vehicle that is displaying flashing emergency lights shall yield the right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least four lanes with not less than two lanes proceeding in the same direction as the approaching vehicle.

(b) If changing lanes would be impossible or unsafe, the motorist shall reduce the speed of the vehicle, maintaining a safe speed for road conditions.

[puzzled_kid]

so what do I do in this case????? what are my options

[JETX]

Originally Posted by puzzled_kid

so what do I do in this case????? what are my options

Options are pretty simple:
1) Plead guilty and pay the fine, or
2) Plead not guilty and see if you can negotiate a reduced sentence, or
3) Plead not guilty and present your defense against the charges.