Passing Emergency Vehicle with lights on

[amylobo]

I received a ticket for wrongly passing an emergency vehicle. It is a 2 lane highway. The speed limit is 60 mph. I was already going 50 mph before coming up on the officer. I could not switch lanes because it was occupied. I slowed my speed but he gave me a ticket anyway. However he did not have my speed on radar. Can I fight this and win? Thank you

 

[ShyCat]

I received a ticket for wrongly passing an emergency vehicle. It is a 2 lane highway. The speed limit is 60 mph. I was already going 50 mph before coming up on the officer. I could not switch lanes because it was occupied. I slowed my speed but he gave me a ticket anyway. However he did not have my speed on radar. Can I fight this and win? Thank you

What state?

And how fast were you actually going when you passed him?

 

[amylobo]

What state?

And how fast were you actually going when you passed him?

I was already going 50 so i slowed down to about 40. I live in Texas. But like I said he did not radar me

 

[asiny]

What is the citation number on the ticket you were issued?

You seem to be confusing/blending 2 different issues- 1) speeding and 2) passing an emergency vehicle with lights on.

What did the officer say you were being charged with?
How do you know he did not 'radar' you?
You approached the officer at 50- and, by the time you reached his vehicle you passed the officer at 40?
What was the road/highway/section you were driving?

 

[Zigner]

What is the citation number on the ticket you were issued?

You seem to be confusing/blending 2 different issues- 1) speeding and 2) passing an emergency vehicle with lights on?

If OP was in a 60mph section and slowed to 40mph, then it would appear that the OP complied with the law. Now the OP must simply overcome the unbiased testimony of a trained witness.

Can someone contact the MODs and have them reintroduce the "What State?" question for every new post?

I've been told that it's on their "to-do" list.

 

[HighwayMan]

What was the road/highway/section you were driving?

How is this relevant?

 

[asiny]

How is this relevant?

Just looking to verify that the speed limit was 60....
I find it odd that if the speed limit was 60- with surrounding traffic- that the OP claims their speed was 10 below the posted speed limit before they saw the officer.

 

[Ladyback1]

I received a ticket for wrongly passing an emergency vehicle. It is a 2 lane highway. The speed limit is 60 mph. I was already going 50 mph before coming up on the officer. I could not switch lanes because it was occupied. I slowed my speed but he gave me a ticket anyway. However he did not have my speed on radar. Can I fight this and win? Thank you

For clarification--where both vehicles going the same direction, thus you passed a cop car w/ lights; OR were the vehicles traveling different directions and you failed to pull over and stop on the right?

Failure to pull over for emergency vehicles is a citable offense, regardless how fast the emergency vehicle is traveling.

What portion of highway were you on? What I mean is were in a rural/non-populated area? Where you entering into a city/town limit sign? Leaving a city/town area? Where was the limit posted (last you remember seeing)?

You can fight this (speeding), and maybe get sentence (fine) deferred if you take a defensive driving course. However, the officer could always argue that you created a hazardous situation by passing him.

 

[CdwJava]

This sounds like a "move over law" issue. It may be that the OP was cited for not moving to another lane as he passed an emergency vehicle with its emergency lights activated.

And, in TX, not all citations will have the code section on them. That often comes later I am told.

 

[Zigner]

The Texas "move-over" law actually gives a valid speed to slow down to. 20mph under the posted limit (in this case.)

 

[startedone]

OP should give the statue cited..might clear some things up