Ticket has the wrong violation on it???

[behrlem]

What is the name of your state (only U.S. law)? Oregon

I was pulled over for failure to maintain a safe distance from emergency vehicle which is ORS 811.147 and on my ticket I was cited for the violation of ORS 811.145 which basicaly a violation for not pulling over for an emergency vehicle.

Can this mistake be brought up when I go to court on Tuesday? is it worth bringing up???

[behrlem]

The law has just been amended that on a two lane highway that you have to reduce your speed to at least 5 miles under the posted speed.

The posted speed was 55 and I believe he said I was going 47 (since I did slow down) but he did not include my speed on the ticket. Can I bring that up as well???

Please help!

[I_Got_Banned]

Originally Posted by behrlem

The law has just been amended that on a two lane highway that you have to reduce your speed to at least 5 miles under the posted speed.

The posted speed was 55 and I believe he said I was going 47 (since I did slow down) but he did not include my speed on the ticket. Can I bring that up as well???

Please help!

811.145 Failure to yield to emergency vehicle or ambulance; penalty.

(1) 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 and 820.320 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 righthand 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.

THAT, is the Vehicle Code that you are being charged with violating. Where in there does it say that you're only required to reduce your speed by 5mph???

The way I read it (see the underlined part), it says you are supposed to "STOP and remain in such position until the emergency vehicle or ambulance has passed."

[behrlem]

#1. I was pulled over for 811.147 and the police officer wrote the WRONG violation on my ticket. He wrote 811.145 which is NOT what I was pulled over for.

#2. I got my ticket on June 17th and on June 2nd HB 2040 was passed and will go into effect January 1st 2010 (unfortunatly for me) which further explains what you need to do which is if you are on a two lane highway you must slow down at least 5 miles under the speed limit. The police officer DID NOT include my speed on my ticket- he just scribbled out where the speed should be.

#3. When he pulled me over he said I had to slow down to 25 mph which is not correct.

Can I bring these items up in court?