FLD/YLD RT-OF-WAY to EMERG Vehicle

[ace_629]

What is the name of your state? New York

Law/section/Subsection 1144A

Description of violation FLD/YLD RT-OF-WAY to EMERG Vehicle

Highway I-81

Charge based on Officers Direct Observation

Additional information
The defendant did fail to slow or make a lane change to safely avoid the complainant at an accident scene. The complainant was assisting another marked state police with traffic control at property damage auto accident at I81 . Both marked units had their emergency lights and arrow bars activated advising approaching traffic of the hazard. The defendant almost struck the complainant and proceeded through the accident scene at an unsafe speed.


I have to respond, I can plead not guilty /guilty by mail.

My Verison.

I was on the right lane on I81 having two lanes. The accident was down a slope. Two cars which were involved in the accident were clear of the road and were on the right shoulder with the police car behind it. The cop car had flashing lights on. I could only see the light when i reached the top of the slope and I hit the brakes and manage to pass the scene of accident on the right lane at a speed of around 60mph, speed limit was 65mph. I had no time to change lanes or slow down. I did pass quite close to the scene of accident but I was on the road and the three cars were clear off the road and on the shoulder. The cop followed me and pulled me over. He told me I did not slow down or make a lane change to safely avoid the scene of accident. He told me I almost ran over someone and gave me this ticket. also my ticket does say how much fine i have to pay. And the cop told me i could mail in my plea and it is not mandatory to come to court.

I have a clear clean driving record.

I need help to plead. What would be my charges if I was held guilty? Am I in serious trouble? What are my chances if I were to fight in court ? How should I fight ?

Please Help with advice and comments. Thank You.

[ace_629]

Anybody ???

[FlyingRon]

This isn't a chat room, it's a bulletin board. You have to wait more than 20 minutes for some volunteer to come around and read through the forums to decide if they want to answer you.
Check back tomorrow.

Nothing you say mitigates the charge. Regardless of the speed limit, you're responsible for maintaining speed that allows you to operate safely especially around blind curves, hills.

From your story, you never even attempted to slow. You just assumed that since the vehicles were off on the shoulder you could maintain your speed. I don't see any mitigating factors to your direct violation to the statute.