How to deal with these traffic violations

[rockthemike13]

Taking place in the state of Maine:

I was driving northbound on a 4 lane street around 3 in the afternoon, when in the distance I saw an ambulance with its lights on and a cop without tailing behind it, and cars scattered around trying to move for the ambulance. I was on my cell phone with my fiance and told her- "Hold on, ambulance coming, need to move over." As the ambulance approached, I turned on my right blinker, and could not move from the left lane to the right as it was crowded, so slowed from 35 MPH to about 10 MPH and inched as far to the right as I could without getting dangerously close to the vehicles in the right lane. I did not completely stop but gave plenty of room and yielded to the passing ambulance, in turn the ambulance did not need to slow down to pass me. As the vehicle had passed, I looked over my left shoulder to make sure that the ambulance had passed, after it went by I put on my left blinker, got back into the left lane still looking over my left shoulder (as they teach you in driving school), saw that I was clear to go and started to drive. Turns out as I was pulling out, I was parallel to a school bus that had turned on its stop sign between the time I pulled over for the ambulance and started again, and I rolled past it. It may be important to note that I didn't gun it, I was all ready nosed ahead of the bus, and at this point I had realized I messed up. The cop tailing the ambulance appeared to be turning now, but saw what I had done. Without the cop even coming after me I pulled right over into the closest parking lot. I made a mistake, I knew it.

So she comes over and pounds her fist on my roof and starts yelling at me for driving extremely dangerously, telling me that I put kids lives in danger and was unsafe to every one. I know this does not make it any less wrong, but this was on a 4 lane road, kids would not be crossing the street, no body was in danger.

So she proceeds to write me up for the following:
-Failure to yield for the emergency vehicle, yet told me that I didn't "stop" for the ambulance. I am fairly certain that if the road is wider than 3 lanes, you do not need to come to a complete stop, just move out of the way and to slow down.
-Failure to stop for the stopped school bus
-For being a distracted driver because I was on my cell phone. Cell phones are legal in Maine, and was not any less aware of my surroundings than I would have been if I were off my phone. My head was turned over my left shoulder to make sure I could get back into the left lane. There was a police in front of me just sitting nearly in the middle of the road, the light was green, there were cars behind me ready to go. The phone was the very least distracting thing in this scenario.

What would be the best way to approach this situation? Contest the failure to yield to the emergency vehicle? I have had my license for 6 years and have never been charged with any traffic violation, never gotten into any accidents, and consider myself an extremely safe driver. Would it be worth hiring a lawyer? Worth just paying the fines and moving on? Am I looking to lose my license? The court date isn't for another 2 months, but I have about 17 more days to contest if I want to.

I've talked to several friends and they seem to think this will be no big deal given the circumstances. I've sought advice from a lawyer, and he seemed to think this could be major trouble, but I'm suspecting he may be intimidating me with a keen eye on my wallet. I'd like as many inputs and opinions as possible, thank you in advanced for the help!

 

[Isis1]

Taking place in the state of Maine:

I was driving northbound on a 4 lane street around 3 in the afternoon, when in the distance I saw an ambulance with its lights on and a cop without tailing behind it, and cars scattered around trying to move for the ambulance. I was on my cell phone with my fiance and told her- "Hold on, ambulance coming, need to move over." As the ambulance approached, I turned on my right blinker, and could not move from the left lane to the right as it was crowded, so slowed from 35 MPH to about 10 MPH and inched as far to the right as I could without getting dangerously close to the vehicles in the right lane. I did not completely stop but gave plenty of room and yielded to the passing ambulance, in turn the ambulance did not need to slow down to pass me. As the vehicle had passed, I looked over my left shoulder to make sure that the ambulance had passed, after it went by I put on my left blinker, got back into the left lane still looking over my left shoulder (as they teach you in driving school), saw that I was clear to go and started to drive. Turns out as I was pulling out, I was parallel to a school bus that had turned on its stop sign between the time I pulled over for the ambulance and started again, and I rolled past it. It may be important to note that I didn't gun it, I was all ready nosed ahead of the bus, and at this point I had realized I messed up. The cop tailing the ambulance appeared to be turning now, but saw what I had done. Without the cop even coming after me I pulled right over into the closest parking lot. I made a mistake, I knew it.

So she comes over and pounds her fist on my roof and starts yelling at me for driving extremely dangerously, telling me that I put kids lives in danger and was unsafe to every one. I know this does not make it any less wrong, but this was on a 4 lane road, kids would not be crossing the street, no body was in danger.

So she proceeds to write me up for the following:
-Failure to yield for the emergency vehicle, yet told me that I didn't "stop" for the ambulance. I am fairly certain that if the road is wider than 3 lanes, you do not need to come to a complete stop, just move out of the way and to slow down.
-Failure to stop for the stopped school bus
-For being a distracted driver because I was on my cell phone. Cell phones are legal in Maine, and was not any less aware of my surroundings than I would have been if I were off my phone. My head was turned over my left shoulder to make sure I could get back into the left lane. There was a police in front of me just sitting nearly in the middle of the road, the light was green, there were cars behind me ready to go. The phone was the very least distracting thing in this scenario.

What would be the best way to approach this situation? Contest the failure to yield to the emergency vehicle? I have had my license for 6 years and have never been charged with any traffic violation, never gotten into any accidents, and consider myself an extremely safe driver. Would it be worth hiring a lawyer? Worth just paying the fines and moving on? Am I looking to lose my license? The court date isn't for another 2 months, but I have about 17 more days to contest if I want to.

I've talked to several friends and they seem to think this will be no big deal given the circumstances. I've sought advice from a lawyer, and he seemed to think this could be major trouble, but I'm suspecting he may be intimidating me with a keen eye on my wallet. I'd like as many inputs and opinions as possible, thank you in advanced for the help!

i googled...and found this

A person commits the offense of failure to yield to an emergency vehicle or ambulance if an ambulance or emergency vehicle that is using a visual or audible signal in a manner described under ORS 820.300 (Exemptions from traffic laws) and 820.320 (Illegal operation of emergency vehicle or ambulance) approaches the vehicle the person is operating and the person does not do all of the following:

(a) Yield the right of way to the ambulance or emergency vehicle.

(b) Immediately drive to a position as near as possible and parallel to the right-hand edge or curb of the roadway clear of any intersection.

(c) Stop and remain in such position until the emergency vehicle or ambulance has passed

yeah...you stated you did not completely stop...which you were supposed to do.

as for the school bus, that's a bit iffy...

for the cell phone, how did the officer know you were on the phone? did you tell her?

 

[You Are Guilty]

i googled...and found this

Well done, but for the teeny tiny problem that the OP lives in Maine, as quoted in your post

 

[FlyingRon]

Here's the Maine STatute (29-A 2054)

4. Right-of-way. An authorized emergency vehicle operated in response to, but not returning from, a call or fire alarm or operated in pursuit of an actual or suspected violator of the law has the right-of-way when emitting a visual signal using an emergency light and an audible signal using a bell or siren. On the approach of any such vehicle, the operator of every other vehicle shall immediately draw that vehicle as near as practicable to the right-hand curb, parallel to the curb and clear of any intersection and bring it to a standstill until the authorized emergency vehicle has passed. A violation of this subsection is a Class E crime that, notwithstanding Title 17-A, section 1301, is punishable by a minimum fine of $250 for the first offense and for a 2nd offense occurring within 3 years of the first offense a mandatory 30-day suspension of a driver's license.​

There's no "I only have to move over a bit" exemption for emergency vehicles.

As for the school bus:

2308:

2. Stopping. The operator of a vehicle on a way, in a parking area or on school property, on meeting or overtaking a school bus from either direction when the bus has stopped with its red lights flashing to receive or discharge passengers, shall stop the vehicle before reaching the school bus. The operator may not proceed until the school bus resumes motion or until signaled by the school bus operator to proceed.
[ 1999, c. 183, §13 (AMD) .]
3. Separated roadways. The operator of a vehicle on a way separated by curbing or other physical barrier need not stop on meeting or passing a school bus:
A. Traveling in a lane separated by the barrier from the lane in which that operator is traveling; or [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
B. On a limited access highway where pedestrians are not permitted to cross the roadway with the school bus stopped in a loading zone. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
​

And for the last charge:

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Operation of a motor vehicle while distracted" means the operation of a motor vehicle by a person who, while operating the vehicle, is engaged in an activity:
(1) That is not necessary to the operation of the vehicle; and
(2) That actually impairs, or would reasonably be expected to impair, the ability of the person to safely operate the vehicle​

Your statements you violated the other statutes because you were too busy playing with your phone is pretty much covered by the statute.

 

[rockthemike13]

That's not helpful advice!

Should I not contest any thing or hire any lawyers then? I have a very minimalist understanding of how the legal system works. Given these specific circumstances, yes I did break the law, but the intent was not malicious and under all other circumstances I am a law abiding citizen. 6 years of a perfect clean record suddenly botched by 5 seconds of chaotic insanity. I didn't endanger any one nor did I knowingly do any thing wrong, theres no way for me to combat all this?

 

[cyjeff]

That's not helpful advice!

Should I not contest any thing or hire any lawyers then? I have a very minimalist understanding of how the legal system works. Given these specific circumstances, yes I did break the law, but the intent was not malicious and under all other circumstances I am a law abiding citizen. 6 years of a perfect clean record suddenly botched by 5 seconds of chaotic insanity. I didn't endanger any one nor did I knowingly do any thing wrong, theres no way for me to combat all this?

ah, so it is not helpful when we directly answer your questions? nice to know.

I would recommend against telling a judge "I didn't endanger any one" while being charged with a failure to yield and a school bus violation. You may get to spend the night in jail. Face it, you did wrong and did wrong in a LARGE way. If you want to fight it, get an attorney because I don't see any other way out... and the attorney might not, either.

 

[rockthemike13]

ah, so it is not helpful when we directly answer your questions? nice to know.

I would recommend against telling a judge "I didn't endanger any one" while being charged with a failure to yield and a school bus violation. You may get to spend the night in jail. Face it, you did wrong and did wrong in a LARGE way. If you want to fight it, get an attorney because I don't see any other way out... and the attorney might not, either.

well I did ask

"What would be the best way to approach this situation? Contest the failure to yield to the emergency vehicle? I have had my license for 6 years and have never been charged with any traffic violation, never gotten into any accidents, and consider myself an extremely safe driver. Would it be worth hiring a lawyer? Worth just paying the fines and moving on? Am I looking to lose my license? The court date isn't for another 2 months, but I have about 17 more days to contest if I want to."

and no body had answered.

I have talked to a couple lawyers who sound like they are sure they can help drop both charges, but are asking around 1200-1500. I am not sure if they are just want my money or if the situation can some how be combated.

 

[ecmst12]

A lawyer can help you get the charges reduced so you can keep your license.

You DID endanger people. Denial is not going to help you in court.

 

[cyjeff]

OP, what you fail to grasp is that you endangered people by putting your wants and needs ahead of theirs.

You say that you moved over a bit and slowed down. That means you didn't follow the law and endangered the folks in the ambulance and in the police car following.

You say that you didn't even SEE the school bus but are sure you didn't endanger any of the children. How can you reconcile those statements?

You didn't pull over and didn't see the school bus because you were on your phone. You are the definition of a distracted driver.

Now, you want it all to just go away because you believe you should be allowed to ignore the law at your discretion. Why is that?

 

[Isis1]

Well done, but for the teeny tiny problem that the OP lives in Maine, as quoted in your post

nutter butters!! i thought that was maine!

 

[rockthemike13]

OP, what you fail to grasp is that you endangered people by putting your wants and needs ahead of theirs.

You say that you moved over a bit and slowed down. That means you didn't follow the law and endangered the folks in the ambulance and in the police car following.

You say that you didn't even SEE the school bus but are sure you didn't endanger any of the children. How can you reconcile those statements?

You didn't pull over and didn't see the school bus because you were on your phone. You are the definition of a distracted driver.

Now, you want it all to just go away because you believe you should be allowed to ignore the law at your discretion. Why is that?

I didn't move over "a bit", I moved as far over as I could go. The tricky thing about this particular road, being 2 lanes on each side, is that the people on the right side have very little space to move, giving me an incredibly small amount of space to move. The vehicles next to me included some rather large pick up trucks, SUVs, and a school bus, so I was trying to inch over as far to the right as I could, and the amount of motion I was in was miniscule, trying to even out my car, making sure it was parallel.

However, you guys are right, I didn't realize the law specifically said the car had to be stopped. I was in the wrong there. I was as far as I felt I could safely get out of the way, but was still rolling (couldn't of been 5 mph).

The reason I didn't see the school bus, is because I was adjacent to it after the ambulance had passed, and when pulling back into the left lane, I was looking over my left shoulder as we're taught to do in driving school. Also important to mention is we were at a traffic light that was green, and there were cars right behind me ready to go, and a cop car sitting right in the middle of traffic. I was distracted by these elements, the conversation on my phone was suspended (before the ambulance had arrived I told my fiance to hold on as there was an ambulance coming) and the next words in the conversation were- oh crap I gotta go (after seeing the bus next to me had its lights up).

But yes, I broke the law, I rolled past a stopped bus. I feel awful about it, but the situation was frantic, I was in a panicked situation and handled it poorly. On my commute home from work I encounter school busses all the time, and have never failed to stop for them. I've had my license for 6 years now, and have never been pulled over, I never speed, I adhere to all the rules of the road.

I don't believe this should all go away, I am wondering what the best way to deal with it is. Is it worth hiring a lawyer? Is paying the fines and possibly having my license suspended the best way to go? Is there any thing I can do to ease the legal process? Is it worth pleading not guilty to the distracted driving charge? (This is a relatively new law, I was advised to contest it, but that means I may have to drag this out to a May court date). Are there ways to get legal help for less than 1200-1500 dollars? I do want to fight it, I feel I am a law abiding citizen who was put in a bad spot is all.

 

[HighwayMan]

...and when pulling back into the left lane, I was looking over my left shoulder as we're taught to do in driving school...

How long did you have your head turned? You shouldn't have had it turned long enough to miss a school bus.

 

[cyjeff]

The reason I didn't see the school bus, is because I was adjacent to it after the ambulance had passed, and when pulling back into the left lane, I was looking over my left shoulder as we're taught to do in driving school. Also important to mention is we were at a traffic light that was green, and there were cars right behind me ready to go, and a cop car sitting right in the middle of traffic. I was distracted by these elements, the conversation on my phone was suspended (before the ambulance had arrived I told my fiance to hold on as there was an ambulance coming) and the next words in the conversation were- oh crap I gotta go (after seeing the bus next to me had its lights up).

Okay... not a SINGLE ONE of these excuses - and excuses they are - are an affirmative defense to your charges.

You say you were locked into looking over your left shoulder, but missed a 30 foot long school bus. YOU were rolling but didn't notice the 30 ft long school bus was stopped.... in the left lane you were paying such attention to. Now you are saying that the traffic signal (which was in FRONT of you and, therefore, you weren't paying attention to, right?) the cars behind you and the police officer himself all made you so frantic you missed the before mentioned 30 foot school bus.

I would get an attorney to help you for the sole purpose of making sure you don't say any of this in court. As I said, you trot this out in front of a judge and you might get to stay the night as his/her guest.

But yes, I broke the law, I rolled past a stopped bus. I feel awful about it, but the situation was frantic, I was in a panicked situation and handled it poorly. On my commute home from work I encounter school busses all the time, and have never failed to stop for them. I've had my license for 6 years now, and have never been pulled over, I never speed, I adhere to all the rules of the road.

I would recommend against telling a judge that an ambulance approaching, having cars behind you and seeing a police cruiser simultaneously is sufficiently panicking to you that it completely shuts down your ability to drive safely. The judge may decide to minimize your stress and your impact on the safety of others by suspending your license until you have the opportunity to take some nice classes in how to manage that stress.

As for adhering to rules of the road, stop saying that right now. The judge will look at you sternly and say, "you say you didn't know that you had to come to a stop when an ambulance approached. How can you honestly tell me with a straight face that you adhere to all rules of the road when you don't know such a basic one?"

You need an attorney to coach you in what to say and what not to say in court. You could easily bury yourself just by saying to the judge what you have been saying to us.

 

[rockthemike13]

Okay... not a SINGLE ONE of these excuses - and excuses they are - are an affirmative defense to your charges.

You say you were locked into looking over your left shoulder, but missed a 30 foot long school bus. YOU were rolling but didn't notice the 30 ft long school bus was stopped.... in the left lane you were paying such attention to. Now you are saying that the traffic signal (which was in FRONT of you and, therefore, you weren't paying attention to, right?) the cars behind you and the police officer himself all made you so frantic you missed the before mentioned 30 foot school bus.

I would get an attorney to help you for the sole purpose of making sure you don't say any of this in court. As I said, you trot this out in front of a judge and you might get to stay the night as his/her guest.



I would recommend against telling a judge that an ambulance approaching, having cars behind you and seeing a police cruiser simultaneously is sufficiently panicking to you that it completely shuts down your ability to drive safely. The judge may decide to minimize your stress and your impact on the safety of others by suspending your license until you have the opportunity to take some nice classes in how to manage that stress.

As for adhering to rules of the road, stop saying that right now. The judge will look at you sternly and say, "you say you didn't know that you had to come to a stop when an ambulance approached. How can you honestly tell me with a straight face that you adhere to all rules of the road when you don't know such a basic one?"

You need an attorney to coach you in what to say and what not to say in court. You could easily bury yourself just by saying to the judge what you have been saying to us.

That's the kind of advice I was looking for!

Thank you for taking the time to respond. I will continue to look for a lawyer, but in the end may just take the maximum brunt of the punishment. Any idea about driving to work and back on a suspended license? I've heard stories of uh, some kind of a permit that strictly allows you to drive to work and back? I wouldn't mind that so much, I just want to get to work, I need to pay off my bills (and now these fines).

 

[cyjeff]

That's the kind of advice I was looking for!

Thank you for taking the time to respond. I will continue to look for a lawyer, but in the end may just take the maximum brunt of the punishment. Any idea about driving to work and back on a suspended license? I've heard stories of uh, some kind of a permit that strictly allows you to drive to work and back? I wouldn't mind that so much, I just want to get to work, I need to pay off my bills (and now these fines).

You are talking about a restricted license. That is possible, but another primary reason for an attorney is for him/her to get some of this waived in return for you pleading guilty to others.

You don't want to take the maximum hit. If the staggering amount of the fines isn't enough to sway you, consider what it will do to your insurance rates.