Running out of gas

[You Are Guilty]

Amazing. A cop actually writes an impeding traffic ticket but its to someone who runs out of gas instead of the joker in the left lane going 55 in a 65 while bottle necking.

What the hell is "bottle necking"? I'm fairly certain whatever it is, its not illegal.

 

[Veronica1228]

What the hell is "bottle necking"? I'm fairly certain whatever it is, its not illegal.

Quick definitions (bottleneck)

noun: a narrowing that reduces the flow through a channel

verb: slow down or impede by creating an obstruction (Example: "His laziness has bottlenecked our efforts to reform the system")

verb: become narrow, like a bottleneck (Example: "Right by the bridge, the road bottlenecks")

 

[You Are Guilty]

Quick definitions (bottleneck)

noun: a narrowing that reduces the flow through a channel

verb: slow down or impede by creating an obstruction (Example: "His laziness has bottlenecked our efforts to reform the system")

verb: become narrow, like a bottleneck (Example: "Right by the bridge, the road bottlenecks")

Yes, those verbs I am aware of. However, none make sense in the prior reply:

Amazing. A cop actually writes an impeding traffic ticket but its to someone who runs out of gas instead of the joker in the left lane going 55 in a 65 while bottle necking.

 

[Gevalia]

Rubbernecking

 

[ismellbacon]

Yes, those verbs I am aware of. However, none make sense in the prior reply:

It means exactly what I said. It means sitting in the left lane with traffic behind forcing traffic to slow down and go into the right lane to pass. Thats bottlenecking.

 

[wirry1422]

So what if his engine threw a rod, instead of him running out of gas. Would an impeding traffic citation still hold up in court? If it would then I guess its now against the law for your car to unexpectedly break down. What a joke. I would fight the cite all the way to the state supreme court.

 

[CdwJava]

So what if his engine threw a rod, instead of him running out of gas. Would an impeding traffic citation still hold up in court? If it would then I guess its now against the law for your car to unexpectedly break down. What a joke. I would fight the cite all the way to the state supreme court.

Yes, it would hold up (depending on how it is written). Whether a judge would let it go forward after hearing the question in the case of a breakdown is questionable, though.

If your car breaks down on the road it can get towed and you could be stuck with the citation and the tow fees. That's the way it often works.

- Carl

 

[You Are Guilty]

So what if his engine threw a rod, instead of him running out of gas. Would an impeding traffic citation still hold up in court? If it would then I guess its now against the law for your car to unexpectedly break down. What a joke. I would fight the cite all the way to the state supreme court.

If your car came with a gauge that showed the "Time Till Impending Breakdown" and you let it reach "Now" without getting it fixed, then yes, you absolutely could be convicted of impeding traffic.

Now, if only there was some sort of similar device with which we, as motorists, could accurately gauge the amount of petrol in our tanks. Ah, wishful thinking

 

[qcxlvr1]

Don't ignore it, it'll make a problem for you.

If it is a yellow "New York State Uniform Traffic Ticket" ask for a supporting deposition on the rear. Make a copy of the ticket and explain to the judge you ran out of gas and ask for dismissal in the interest of justice per CPL 170.40. Settle for nothing else--it's not illegal to run out of gas--you have an affirmative defense.

This is one of the more ridiculous tickets I've ever heard of.

 

[drunknhik]

mind if I ask what CPL 170.40 is?

 

[You Are Guilty]

mind if I ask what CPL 170.40 is?

Excellent question.
Answer:

§ 170.40 Motion to dismiss information, simplified traffic information,
prosecutor's information or misdemeanor complaint; in
furtherance of justice.
1. An information, a simplified traffic information, a prosecutor's
information or a misdemeanor complaint, or any count thereof, may be
dismissed in the interest of justice, as provided in paragraph (g) of
subdivision one of section 170.30 when, even though there may be no
basis for dismissal as a matter of law upon any ground specified in
paragraphs (a) through (f) of said subdivision one of section 170.30,
such dismissal is required as a matter of judicial discretion by the
existence of some compelling factor, consideration or circumstance
clearly demonstrating that conviction or prosecution of the defendant
upon such accusatory instrument or count would constitute or result in
injustice. In determining whether such compelling factor, consideration,
or circumstance exists, the court must, to the extent applicable,
examine and consider, individually and collectively, the following:
(a) the seriousness and circumstances of the offense;
(b) the extent of harm caused by the offense;
(c) the evidence of guilt, whether admissible or inadmissible at
trial;
(d) the history, character and condition of the defendant;
(e) any exceptionally serious misconduct of law enforcement personnel
in the investigation, arrest and prosecution of the defendant;
(f) the purpose and effect of imposing upon the defendant a sentence
authorized for the offense;
(g) the impact of a dismissal on the safety or welfare of the
community;
(h) the impact of a dismissal upon the confidence of the public in
the criminal justice system;
(i) where the court deems it appropriate, the attitude of the
complainant or victim with respect to the motion;
(j) any other relevant fact indicating that a judgment of conviction
would serve no useful purpose.
2. An order dismissing an accusatory instrument specified in
subdivision one in the interest of justice may be issued upon motion of
the people or of the court itself as well as upon that of the defendant.
Upon issuing such an order, the court must set forth its reasons
therefor upon the record.

It's basically a hook for a judge to hang his hat on if he really wants to let you off but doesn't have any legitimate legal grounds to do so.

 

[wirry1422]

Hey, I can absolutely understand having your vehicle forcibly towed by a state police contracted wrecker following a breakdown (with you on the hook for the bill), if you as the driver fail to make arrangements to have it removed from the highway. And I can sort of understand receiving a citation for running out of gas and blocking the roadway. But if you are able to push it out of traffic, and make a good faith effort to retrieve gasoline, then I would say a citation is way out of line. And no citation for blocking traffic should ever be issued to a broken down vehicle whose driver is present.

 

[kathrynne]

Hey, I can absolutely understand having your vehicle forcibly towed by a state police contracted wrecker following a breakdown (with you on the hook for the bill), if you as the driver fail to make arrangements to have it removed from the highway. And I can sort of understand receiving a citation for running out of gas and blocking the roadway. But if you are able to push it out of traffic, and make a good faith effort to retrieve gasoline, then I would say a citation is way out of line. And no citation for blocking traffic should ever be issued to a broken down vehicle whose driver is present.

That's fine if you're on a four-lane highway with plenty of shoulder, but this happened ENTERING a bridge. There's nowhere to move the vehicle until it's gassed up.

 

[wirry1422]

In this situation I would say if the driver failed to get gas or a tow by the time the police showed up, then the police are within their rights to order their own tow truck to hook the vehicle or bring emergency fuel (with the driver footing the charges), but that still does not mean the driver should receive a citation. If the officers had any decency or common sense they would take the driver to get emergency fuel or radio for another squad to retrieve fuel using the police issued gas can every squad carries, which would be both humane and much quicker then calling a tow truck and writing a citation, thereby clearing the blocked lane. The driver could then either pay the officers for the gas on the spot, or receive the dreaded citation. That would be the only time i would condone a citation being issued in this situation.

 

[CdwJava]

I have never worked for an agency that regularly supplies "gas cards" to their officers or in the cars.

Retrieving gas for the stranded motorist might be an option, but when you have traffic blocked, sending a tow for a gas can might be too time consuming. And hoping that a lack of gas was the problem might also be a time consuming gamble.

Out here we would generally tow the car without citation. Though the driver would then be liable for the associated tow fees.

- Carl