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Passing an authorized emergency vehicle

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Cjames9001

Junior Member
I live in Texas, and here is what happened, I came off of a bridge going 46 allegedly in a 45 and there was a cop at the bottom and I got the ticket for passing an authorized emergency vehicle from a cop that was just sitting there waiting for someone because people come off that bridge at 55 normally. Anyways here are my options 1. Speak to a judge and ask for defensive driving or deferred adjudification, 2. Hire a lawyer for 500 to have it taken care of and dismissed, or 3. I think I may be able to fight it in court because the officer didn't put down an alleged speed I was going, he ticketed me with an electronic machine so I was thinking he probably doesnt have a separate copy of the ticket in Which he wrote down my alleged speed on the back of it or something like that to testify in court with. Does any one know if the electronic machines also print out a police copy or does it just keep the information on the
Machine that is sent to the court to update thier database? Also does anyone have some advice on which option would be better? I'd prefer not to pay 500 dollars for this ticket and I need to keep it off of my record.
 
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I_Got_Banned

Senior Member
I live in Texas, and here is what happened, I came off of a bridge going 46 allegedly in a 45 and there was a cop at the bottom and I got the ticket for passing an authorized emergency vehicle from a cop that was just sitting there waiting for someone because people come off that bridge at 55 normally. Anyways here are my options 1. Speak to a judge and ask for defensive driving or deferred adjudification, 2. Hire a lawyer for 500 to have it taken care of and dismissed, or 3. I think I may be able to fight it in court because the officer didn't put down an alleged speed I was going, he ticketed me with an electronic machine so I was thinking he probably doesnt have a separate copy of the ticket in Which he wrote down my alleged speed on the back of it or something like that to testify in court with. Does any one know if the electronic machines also print out a police copy or does it just keep the information on the
Machine that is sent to the court to update thier database? Also does anyone have some advice on which option would be better? I'd prefer not to pay 500 dollars for this ticket and I need to keep it off of my record.
What code section were you cited for? And give us a better explanation of the underlined part... Where was the emergency vehicle? what was it/he/she doing? Were lights and/or siren on or off? Which lane was it in? Which lane were you in?... etc
 

Cjames9001

Junior Member
545.157. PASSING AUTHORIZED EMERGENCY VEHICLE. (a) On approaching a stationary authorized emergency vehicle using visual signals that meet the requirements of Sections 547.305 and 547.702, an operator, unless otherwise directed by a police officer, shall:

**********(1) vacate the lane closest to the emergency vehicle when driving on a highway with two or more lanes traveling in the direction of the emergency vehicle; or

**********(2) slow to a speed not to exceed:

********* ******(A) 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or more; or

********* ******(B) five miles per hour when the posted speed limit is less than 25 miles per hour.

*****(b) A violation of this section is:

**********(1) a misdemeanor punishable under Section 542.401;

**********(2) a misdemeanor punishable by a fine of $500 if the violation results in property damage; or

**********(3) a Class B misdemeanor if the violation results in bodily injury.

*****(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code or the Penal Code, the actor may be prosecuted under either section or under both sections.

This is what I was cited for, the police officer that I passed was at the bottom of the bridge in the far right lane with someone pulled over, I was in the middle lane, and the officer that pulled me over was on the opposite side of the street and made a u- turn to pull me over. There was no property or bodily damages just a citation for not changing lanes to the left lane rather than the middle lane or not slowing down to 25 mph because the posted was 45
 

I_Got_Banned

Senior Member
the police officer that I passed was at the bottom of the bridge in the far right lane with someone pulled over, I was in the middle lane
Sounds like a valid citation in that you did NOT "vacate the lane closest to the emergency vehicle" (the emergency vehicle was in the right lane/you were in the middle lane) NOR did you "slow down to 20 miles per hour less than the posted speed limit" (which, in a 45mph zone, would have been 25mph (yet you continued at 46 in a 45).

and the officer that pulled me over was on the opposite side of the street and made a u- turn to pull me over.
Not sure how that would be relevant at all. Regardless of where he was or what he did to stop you, as long as he witnessed the violation, then he can issue the citation.

There was no property or bodily damages just a citation for not changing lanes to the left lane rather than the middle lane or not slowing down to 25 mph because the posted was 45
Reread the statute... There is no requirement for property damage or bodily injury... Only the you failed to "move over" or "slow down"... You did neither!
 

Cjames9001

Junior Member
The only problem I have with this is that if the officer did not report an alleged speed on the citation then how well would his testimony be held up in court?
 

Zigner

Senior Member, Non-Attorney
The only problem I have with this is that if the officer did not report an alleged speed on the citation then how well would his testimony be held up in court?
The officer is trained in speed estimation. Furthermore, you already acknowledge that you WERE going over the limit for the situation...by more than 100%!
 

Cjames9001

Junior Member
Ok one more question, it states that it is punishable under this section:

§ 542.401. GENERAL PENALTY. A person convicted of an
offense that is a misdemeanor under this subtitle for which another
penalty is not provided shall be punished by a fine of not less than
$1 or more than $200

But the Kemah municipal court has the fine set at 247.00 isn't that in direct violation of state law?
 

DRTDEVL

Member
I bet more than $47 of that goes to various fees and funds. This gets more money for the local budget without violating the fine limits.
 
545.157. PASSING AUTHORIZED EMERGENCY VEHICLE. (a) On approaching a stationary authorized emergency vehicle using visual signals that meet the requirements of Sections 547.305 and 547.702, an operator, unless otherwise directed by a police officer, shall:

**********(1) vacate the lane closest to the emergency vehicle when driving on a highway with two or more lanes traveling in the direction of the emergency vehicle; or

**********(2) slow to a speed not to exceed:

********* ******(A) 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or more; or

********* ******(B) five miles per hour when the posted speed limit is less than 25 miles per hour.

*****(b) A violation of this section is:

**********(1) a misdemeanor punishable under Section 542.401;

**********(2) a misdemeanor punishable by a fine of $500 if the violation results in property damage; or

**********(3) a Class B misdemeanor if the violation results in bodily injury.

*****(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code or the Penal Code, the actor may be prosecuted under either section or under both sections.

This is what I was cited for, the police officer that I passed was at the bottom of the bridge in the far right lane with someone pulled over, I was in the middle lane, and the officer that pulled me over was on the opposite side of the street and made a u- turn to pull me over. There was no property or bodily damages just a citation for not changing lanes to the left lane rather than the middle lane or not slowing down to 25 mph because the posted was 45
The flaw in the law is this section: that meet the requirements of Sections 547.305 and 547.702 ; how is a person to know without examining the lights concerning the lights that he sees? Texas Transportation Code - Section 547.305. Restrictions On Use Of Lights - Texas Attorney Resources - Texas Laws . The law does require the operator to determine if the lights meet the transportation regulations while driving. Its an impossible burden.
 

Zigner

Senior Member, Non-Attorney
The flaw in the law is this section: that meet the requirements of Sections 547.305 and 547.702 ; how is a person to know without examining the lights concerning the lights that he sees? Texas Transportation Code - Section 547.305. Restrictions On Use Of Lights - Texas Attorney Resources - Texas Laws . The law does require the operator to determine if the lights meet the transportation regulations while driving. Its an impossible burden.
It's NOT an impossible burden. If lights are on, move over.
The "burden" comes only AFTER the driver ignores the lights...and at that point, the driver has plenty of time to research whether or not the lights were valid. :rolleyes::rolleyes::rolleyes:
 
It's NOT an impossible burden. If lights are on, move over.
The "burden" comes only AFTER the driver ignores the lights...and at that point, the driver has plenty of time to research whether or not the lights were valid. :rolleyes::rolleyes::rolleyes:
There is "no burden"; if the law said that if lights conforming to the regulations would allow a person to do something; then you would state "but you could not tell that the lights met the regulatory requirements for luminosity". Testing for the luminosity cannot be done while driving, so how can a driver determine if the lights conform to the law & hence needs to perform the associated tasks of moving over & slowing down? The legislature wrote a law that is too vague, plain and simple. Many laws are stricken due to this defect. So I would disagree that the driver can determine this after being stopped as the law requires them to do this before this time.
 

I_Got_Banned

Senior Member
There is "no burden"; if the law said that if lights conforming to the regulations would allow a person to do something; then you would state "but you could not tell that the lights met the regulatory requirements for luminosity". Testing for the luminosity cannot be done while driving, so how can a driver determine if the lights conform to the law & hence needs to perform the associated tasks of moving over & slowing down?
In this case, it has already been established that the "lights" did in fact meet the requirements set by the code section in that they did belong to an "authorized emergency vehicle"... So your argument wouldn't help any.
The legislature wrote a law that is too vague, plain and simple. Many laws are stricken due to this defect.
Then contact the state legislature and request that they either clarify the law or that they repeal it. Until then, I'm guessing that these citations will continue to be written accordingly.
 
In this case, it has already been established that the "lights" did in fact meet the requirements set by the code section in that they did belong to an "authorized emergency vehicle"... So your argument wouldn't help any.

Then contact the state legislature and request that they either clarify the law or that they repeal it. Until then, I'm guessing that these citations will continue to be written accordingly.
When were the light regulations established as being applicable to the "emergency vehicle"? Just because its an emergency vehicle does not mean the lights automatically conform to the regulations; otherwise, the legislature would not have put this into the law. There are 3 requirements : 1) that it be a stationary emergency vehicle 2&3) that the lights conform to the regulations stated. Then & only then is the law applicable. A strict interpretation would conclude that the law is too vague for a driver to actually know when all 3 of these requirements are met. I am certain that many judges would not agree in traffic court but an appellate court would likely side that it is too vague. Simply because lights are on does not mean that the driver could assess if they conformed to the regulations. I doubt the officer could testify to this either as I am certain he has never measured the luminosity of the lights.
Its an argument one could make in this instance.
 

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