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08-23-2004, 10:55 AM
| | Junior Member | | Join Date: Aug 2004
Posts: 15
| | | failure to yield to emergency vehicle (please reply asap)
kansas;
feel like justice system is letting me down here...(or maybe just an jerk policeman)...
ok, driving west on a simple one lane (each way) highway...trooper has someone pulled over...as i approach...another trooper is coming my way driving on shoulder w/blinker on...he is going to help that other policeman...or so i though...cause he whipped it around to pull me over and cite me with failure to yield to an emergency vehicle...i told him i didn't know i had to get into the oncoming traffic lane...he told me i didn't...but i had to move over in my lane...i concurred and told him i know i did and he agreed...but said, not far enough...i drive a full-size SUV...i said if i would have went over any further, i would have went into his lane...he said (and this is the TRUTH)......6" LEFT! i about fainted...he seriously said i should have driven 6" closer to the yellow line...
my lawyer thinks it might not be good to fight it cause he will surely lie about how far i was over...
i have a clean driving record...i'm a school teacher...i'm 29 years old...
anyone think i would have a chance...or should i count on this jerk lying????  |
08-23-2004, 11:04 AM
| | Senior Member | | Join Date: Jan 2001 Location: Washington state
Posts: 10,653
| | Quote: |
my lawyer thinks it might not be good to fight it cause he will surely lie about how far i was over...
| Why don't you ask your lawyer? Or do you want someone to stroke your ego and say you are right and the officer was wrong? Well that won't happen here.
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If you ask a question you don't want an answer to, expect an answer you don't want to hear.
No private messages, I do not reply to them.
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08-23-2004, 11:47 AM
| | Junior Member | | Join Date: Aug 2004
Posts: 15
| | | i DID ask...did you not read what you so cleverly "quoted"????
i am asking opinions from others...you don't need to chime in if you don't want...i don't remember asking for someone to stroke my ego...i asked for opinions if it was worth fighting or not...or do people think the officer will lie about me getting over or not...speaking of stroking...maybe if your wife would service you some, you wouldn't be so grumpy. |
08-23-2004, 12:11 PM
| | Senior Member | | Join Date: Feb 2003 Location: California
Posts: 15,430
| | | What is the exact code section of KS law you were cited for?
Unless I'm missing something, it sounds like the officer said you had to yield within your own lane somehow? That seems silly. But, there may be something to that in KS law. The section would help to look it up.
Carl
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A Nor Cal. Cop Supervisor
"Make mine a double mocha ... and a croissant!"
Remember, only two defining forces have ever offered to die for you: Jesus Christ and the American Soldier. One died for your soul, the other for your freedom! |
08-23-2004, 12:22 PM
| | Junior Member | | Join Date: Aug 2004
Posts: 15
| | | code...
8-1530 is the statute number (i looked it up on the internet)...but i don't have the code (it's at home, i'm at work right now)...i could get you all the info tomorrow...i don't know if that statute number would help at all?
the damn thing just seems pretty subjective...
on a side note...here's a compelling issue with the citation...in the last two years, they've had 6 people killed in construction zone and police accidents...it sucks, cause it's not like i'm some robot w/no emotion...why in the heck would i blitz by a police officer on the shoulder when NOBODY is around but him...but i really would be insane to do it when there is an officer 10 feet to my left as well! i'm scared the officer will not admit to me "getting over, but just not enough" and for the recent deaths (in a very very very small community) to make a judge lean heavily against me. |
08-23-2004, 12:40 PM
| | Senior Member | | Join Date: Sep 2003 Location: Purgatory
Posts: 2,017
| | | I hope you teach your students to use I verus "i".
The officer on the stop was in your lane, Correct... On the shoulder, correct...the other officer was oncoming (towards you) in the other lanes shoulder...Did you happen to squeeze in between the officer on the stop and the additional officer who was oncoming? Hence making a dangerous situaiton for 4 vehicles(minimum of 4 persons-counting you?)
Please tell me you don't have another thread about DWI/DUI violation(s)...
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Fide, sed qui, vide.
Last edited by dequeendistress; 08-23-2004 at 12:46 PM.
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08-23-2004, 01:05 PM
| | Senior Member | | Join Date: Apr 2004 Location: Bay Area, CA
Posts: 10,149
| | Sure enough, he does, posted today. 
[url]http://forum.freeadvice.com/showthread.php?t=192126[/url]
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It is our unanimous opinion that you are damn right and it should be obvious to any moron that your (ex) (SO’s ex) (boss) (landlord) (local police) should be immediately (jailed) (fired) (reprimanded) (arrested) (demoted) (shot) (evicted).
In fact, you are so astonishingly correct in this matter, it will not surprise us one bit if you are offered a generous settlement, because, by golly, that’s just how it should be.
You Rock,
Love,
Us
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08-23-2004, 01:05 PM
| | Junior Member | | Join Date: Aug 2004
Posts: 15
| | | 1. squeeze? he told me i had to move over in MY lane...which he acknowledged that i did...just not far enough...6 more inches needed...
2. stop on a 65 mph road? i was doing about 40 mph when i passed...something else he acknowledged...wouldn't stopping be extremely dangerous????
3. grammar queen, i didn't realize this forum wasn't blessed with any feigned indignity...check your comma usage and spacing between words/punctuation marks...it puts me in a SITUATION (SP) to point out the obvious lack of standard registry.
4. dui...yup...my first two tickets EVER...happened 7 months apart...cases just keep getting continued (like so many do)...how's the rest of the world from your perch? |
08-23-2004, 01:08 PM
| | Senior Member | | Join Date: Sep 2003 Location: Purgatory
Posts: 2,017
| | | What was your position in regard to the officer on the stop when you passed the oncoming officer?
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Fide, sed qui, vide.
|
08-23-2004, 01:08 PM
| | Junior Member | | Join Date: Aug 2004
Posts: 15
| | | oh yeah...about the dui
i could go on crying like so many do within that forum...but if you are so curioius/nosy...i had some drinks before and at dinner...went home, slept from 10-1 am...got a call from some friends needing a sober driver...figured i was fine...picked them up...got pulled over...blew a .10
please tell me you're not the one to judge me when the day comes...i bow to you one of clean mind/actions/grammar! |
08-23-2004, 01:11 PM
| | Junior Member | | Join Date: Aug 2004
Posts: 15
| | | they were within feet of being parallel to one another when i went between them...oncoming officer had his blinker on and was still "rolling" at about 2 mph...i think he was going to pull in behind the other officer for help...only an assumption. |
08-23-2004, 01:13 PM
| | Senior Member | | Join Date: Apr 2004 Location: Bay Area, CA
Posts: 10,149
| | | Your the one who stated you had a clean driving record. It makes a difference in the outcome of your case. I don't believe anything you say at this point,
Good Luck.
__________________
It is our unanimous opinion that you are damn right and it should be obvious to any moron that your (ex) (SO’s ex) (boss) (landlord) (local police) should be immediately (jailed) (fired) (reprimanded) (arrested) (demoted) (shot) (evicted).
In fact, you are so astonishingly correct in this matter, it will not surprise us one bit if you are offered a generous settlement, because, by golly, that’s just how it should be.
You Rock,
Love,
Us
|
08-23-2004, 01:17 PM
| | Senior Member | | Join Date: Sep 2003 Location: Purgatory
Posts: 2,017
| | | What was the location of your vehicle and your speed when you saw the oncoming cruiser?
Evidently you did go in between the two cruisers. Plus you need to keep in mind, (since you believe the police "lie") the other officer may have testimony as well as the one who gave you the citation.
__________________
Fide, sed qui, vide.
Last edited by dequeendistress; 08-23-2004 at 01:21 PM.
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08-23-2004, 01:19 PM
| | Senior Member | | Join Date: Sep 2003 Location: Purgatory
Posts: 2,017
| | | 8-1520a. Unlawful passing of stopped emergency vehicle.
(a) The driver of a vehicle shall not overtake and pass
another vehicle when approaching within 100 feet of a stationary
authorized emergency vehicle on a highway that
consists of two lanes carrying traffic in opposite directions,
when the authorized emergency vehicle is making use of
visual signals meeting the requirements of K.S.A. 8-1720,
and amendments thereto, or subsection (d) of K.S.A. 8-
1722, and amendments thereto.
(b) From and after the effective date of this act,
and prior to July 1, 2001, a law enforcement officer shall
issue a warning citation to anyone violating the provisions
of subsection (a).
(c) This section shall be part of and supplemental
to the uniform act regulating traffic on highways.
History: L. 2000, ch. 179, § 1; July 1.
8-1530. Duty of driver upon approach of authorized
emergency vehicle. (a) Upon the immediate approach of
an authorized emergency vehicle making use of an audible
signal meeting the requirements of subsection (d) of K.S.A.
8-1738, and amendments thereto, and visual signals meeting
the requirements of K.S.A. 8-1720, and amendments
thereto, or of a police vehicle properly and lawfully making
use of an audible signal only, the driver of every other vehicle
shall do the following unless otherwise directed by a
police officer:
(1) Yield the right-of-way;
(2) 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
(3) stop and remain in such position until the authorized
emergency vehicle has passed.
(b) The driver of a motor vehicle upon approaching
a stationary authorized emergency vehicle, when the
authorized emergency vehicle is making use of visual signals
meeting the requirements of K.S.A. 8-1720, and
amendments thereto, or subsection (d) of K.S.A. 8-1722,
and amendments thereto, shall do either of the following:
(1) If the driver of the motor vehicle is traveling
on a highway that consists of at least two lanes that carry
traffic in the same direction of travel as that of the driver's
motor vehicle, the driver shall proceed with due caution
and, if possible and with due regard to the road, weather
and traffic conditions, shall change lanes into a lane that is
not adjacent to that of the stationary authorized emergency
vehicle; or
(2) if the driver is not traveling on a highway of a
type described in paragraph (1), or if the driver is traveling
on a highway of that type but it is not possible to change
lanes or if to do so would be unsafe, the driver shall proceed
with due caution, reduce the speed of the motor vehicle
and maintain a safe speed for the road, weather and
traffic conditions.
(c) From and after the effective date of this act and
prior to July 1, 2001, a law enforcement officer shall issue
a warning citation to anyone violating the provisions of
subsection (b).
(d) This section shall not operate to relieve the
driver of an authorized emergency vehicle from the duty to
55
drive with due regard for the safety of all persons using the
highway.
History: L. 1974, ch. 33, § 8-1530; L. 2000, ch. 179, § 20;
July 1.
AGO: 81-148
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Fide, sed qui, vide.
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08-23-2004, 01:28 PM
| | Junior Member | | Join Date: Aug 2004
Posts: 15
| | | between the two
the cruiser on my side of the highway had his emer. lights on...the other one was just creeping...awaiting to make a u-turn...no emer. lights on...the way i read your info, i am to proceed while slowing down...correct?
if both had their lights on...i think i'm to pull over...as far as how far away did i see? the cruiser on my side...plenty far to stop if i thought it was necessary...the other cruiser was driving in the LANE until about a few hundred feet before coming to other cruiser (in other words, pulling over to make the wide u-turn)
and as far as me not being honest about a clean record...there is NOTHING on my record...i got the DUI more than half a year after this ticket...i've only been charged with a DUI...it will be diverted off...that starts about a month from now...
edit: i was going around 35-40...so that covers the speed issue (i think)...and as far as where i was in comparison to oncoming...we were almost all lined up w/one another...honestly...it sort of freaked me out...with nobody else around...i'd go into the other lane (which my ticketing officer told me was NOT the law...just to get over in my lane).
2) if the driver is not traveling on a highway of a
type described in paragraph (1), or if the driver is traveling
on a highway of that type but it is not possible to change
lanes or if to do so would be unsafe, the driver shall proceed
with due caution, reduce the speed of the motor vehicle
and maintain a safe speed for the road, weather and
traffic conditions.
Last edited by vdog; 08-23-2004 at 01:31 PM.
Reason: insufficient info.
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