Failure to Yield to a Stationary Emergency Vehicle - Washington

[lilyvine118]

I have already requested to contest a ticket I received and I would like some advice on the matter. I am an Oregon resident, and I was living near Seattle for a while and driving home. I was ticketed in Vancouver for "Failure to Yield to a Stationary Emergency Vehicle"

The police car was over on the left shoulder with no other cars. It was an undercover car trying to merge, but I couldn't tell with his other tail lights flashing. I was not speeding, but I slowed down when I saw him. I could have gotten over, but I realized it a little too late and just slowed down. However, he was not stationary and was going about 10mph in the shoulder trying to merge. I don't know if I'm admitting to something bigger by saying that, but he was not stationary. He pulled me over and after I gave him my Oregon information he said "it's been a law longer in Oregon than in Washington so you should know it by now" and went back and printed the ticket. If I don't win then I tried, but I feel that it was an odd circumstance and the ticket was not true to the situation. How can I help my case and what are my chances of success?

Washington Law
RCW 46.61.212

(1) On a highway having four or more lanes, at least two of which are intended for traffic proceeding in the same direction as the approaching vehicle, proceed with caution and, if reasonable, with due regard for safety and traffic conditions, yield the right-of-way by making a lane change or moving away from the lane or shoulder occupied by the stationary authorized emergency vehicle or police vehicle.

(3) If changing lanes or moving away would be unreasonable or unsafe, proceed with due caution and reduce the speed of the vehicle.What is the name of your state (only U.S. law)?

[racer72]

What RCW were you cited as violating? If it's the one in your post, your chances of winning are slim and none and slim is on his way out of town. I would suggest talking to a local attorney or consider asking for a deferral.

[poncho]

I'll second the opinion of chances being slim in fighting this ticket. My own personnel strategy for WA. Chose the second option mitigation to explain the circumstance. Find any reasonable objection you have to the ticket is likely to at least reduce the amount of the fine in mitigation. I've seen reasonable objections get a dismissal in WA. Contesting seems to annoy "judges" of those hearing's.

A reasonable objection based on law is best:

RCW 46.37.190
Warning devices on vehicles — Other drivers yield and stop.

(1) Every authorized emergency vehicle shall, in addition to any other equipment and distinctive marking required by this chapter, be equipped with at least one lamp capable of displaying a red light visible from at least five hundred feet in normal sunlight and a siren capable of giving an audible signal.