What is the name of your state (only U.S. law)? GA
Here is the actual law I am accused of violating:
"
a. The operator of a motor vehicle approaching a stationary authorized emergency vehicle that is displaying flashing yellow, amber, white, red, or blue lights shall approach the authorized emergency vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows:
1. Make a lane change into a lane not adjacent to the authorized emergency vehicle if possible in the existing safety and traffic conditions; or
2. If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.
"
Background: Several officers were running a "speed-trap" on I-85. They were on the shoulder of the highway, sort of hidden where the highway makes a big turn. They did not have their lights on as is required in section A. It was also 4:30pm in Atlanta, around the time rush hour begins.
My argument is that they were running a speed trap, the execution of which depends on their ability to reduce their visibility to the drivers. There wouldn't have been multiple officers there if they weren't (also a quick internet search showed that this was in fact a common speed-trap).
I drive in the right hand lane so that I can drive the speed limit, 55mph, and not get run over by other motorists. It was rush hour so by the time I noticed that it was an emergency vehicle, checked mirror / blind spot, started slowing down, I had already passed him.
I am planning to use the following images to support my claim that it was impossible to see them:
ImageShack -
Obviously I will present this much more eloquently in court, but is it even a good argument? I feel like I am proving that I did not violate the word or spirit of the law, but wondering if what little evidence there is proves that. What would you do to present it well / make it better?
Thanks for your help.
Here is the actual law I am accused of violating:
"
a. The operator of a motor vehicle approaching a stationary authorized emergency vehicle that is displaying flashing yellow, amber, white, red, or blue lights shall approach the authorized emergency vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows:
1. Make a lane change into a lane not adjacent to the authorized emergency vehicle if possible in the existing safety and traffic conditions; or
2. If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.
"
Background: Several officers were running a "speed-trap" on I-85. They were on the shoulder of the highway, sort of hidden where the highway makes a big turn. They did not have their lights on as is required in section A. It was also 4:30pm in Atlanta, around the time rush hour begins.
My argument is that they were running a speed trap, the execution of which depends on their ability to reduce their visibility to the drivers. There wouldn't have been multiple officers there if they weren't (also a quick internet search showed that this was in fact a common speed-trap).
I drive in the right hand lane so that I can drive the speed limit, 55mph, and not get run over by other motorists. It was rush hour so by the time I noticed that it was an emergency vehicle, checked mirror / blind spot, started slowing down, I had already passed him.
I am planning to use the following images to support my claim that it was impossible to see them:
ImageShack -
Obviously I will present this much more eloquently in court, but is it even a good argument? I feel like I am proving that I did not violate the word or spirit of the law, but wondering if what little evidence there is proves that. What would you do to present it well / make it better?
Thanks for your help.
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