Failure to Yield to Stationary Emergency Vehicle

[ksawyer]

What is the name of your state (only U.S. law)? Texas
I was traveling down a two lane highway coming up on a hill going the speed limit. I had just changed over to the right lane about a mile back because I was being harassed by an eighteen wheeler that kept honking and trying to get my attention. As I started proceeding up the hill I see the officer on the right shoulder, he was outside of his vehicle going around to another vehicle he had pulled over. I immediately began slowing down and looking around me to see if I could get over, I did move over but I had already passed him because I did not have time given the hill there was limited visibility and I had to assess whether the 18 wheeler was on my left. He must have left the guy there because he pulled me over about 1/2 mile down the road as I was turning. As the law states you should slow down to 20 mph below the speed limit as I was in the process of doing and he didn't even know how fast I was going because he asked me. He then proceeded to ask me how long it had been since my DL had been renewed when I replied I really didn't know (it is up to date) he asked me how I had lost so much weight (the DL picture) and stated that he too should take up biking, etc. Didn't seem really appropriate at the time. I explained over and over again I totally understand that law - I always move over even when it is a disabled vehicle on the side of the road, I did not have time given that I didn't see him until I was right next to him almost. I am going to court, just wanted a second opinion.What is the name of your state (only U.S. law)?

 

[Zigner]

What is the name of your state (only U.S. law)? Texas
I was traveling down a two lane highway coming up on a hill going the speed limit. I had just changed over to the right lane about a mile back because I was being harassed by an eighteen wheeler that kept honking and trying to get my attention. As I started proceeding up the hill I see the officer on the right shoulder, he was outside of his vehicle going around to another vehicle he had pulled over. I immediately began slowing down and looking around me to see if I could get over, I did move over but I had already passed him because I did not have time given the hill there was limited visibility and I had to assess whether the 18 wheeler was on my left. He must have left the guy there because he pulled me over about 1/2 mile down the road as I was turning. As the law states you should slow down to 20 mph below the speed limit as I was in the process of doing and he didn't even know how fast I was going because he asked me. He then proceeded to ask me how long it had been since my DL had been renewed when I replied I really didn't know (it is up to date) he asked me how I had lost so much weight (the DL picture) and stated that he too should take up biking, etc. Didn't seem really appropriate at the time. I explained over and over again I totally understand that law - I always move over even when it is a disabled vehicle on the side of the road, I did not have time given that I didn't see him until I was right next to him almost. I am going to court, just wanted a second opinion.What is the name of your state (only U.S. law)?

Second opinion? You (technically) violated the law. You may have a shot of getting it dismissed, but nobody here could give you odds on that. (other than 50/50)

 

[I_Got_Banned]

I agree with Zigner. Texas, is one of the VERY few states where the statute does specifically state a speed limit to slow down to when passing an emergency vehicle. Other states have leave it up to the discretion of the officer as to whether the passing vehicle had slowed down "enough". In my opinion, it is much more difficult to get these citations dismissed in TX. Keep in mind that most (if not all) officers are trained in visual speed estimation and even if they weren't, its reaaly not that difficult to kjnow if someone is driving faster than 20mph....

Tough call.... 50/50 is my answer too.