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Old 07-18-2004, 09:32 PM
uolamer
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Unusual ticket in Texas..


State: Texas

I got a ticket right passed the city limits of Kountze, TX. The viollations were listed as.

1. "unauthorized passing of stopped emergency vehicle"
2. "unecessary use of horn"

Here is the basic story, I am looking for constuctive advice about how to handle this ticket, right now I think i will go before the judge and ask him to dismiss it, then when he doesnt ask for a trial by jury... I honestly dont have much else to do.


Here the basic of what happened.

I was driving out of kountze heading toward beaumont on Hwy 69 in the right hand lane. I saw a police car ahead with lights on with a white car pulled over, 'out of natural reaction' i started slowing down some, even though i was not speeding. As I got closer the police officer started walking out into the lane i was in, i slowed down even more as I looked to see if I could change lanes safley, then changed lanes, as I passed the officer he was close to the center of the right hand lane, I did a short honk of my horn, I continued on my path to beaumont and the officer got in his car, pulled me over, after looking at my licence and proof of insurance and me asking why he pulled me over, he said some where in the coversation that it was because i honked my horn. He seemed to look for anything possible to give me a ticket for, in the end he gave me a ticket for "unauthorized passing of stopped emergency vehicle" (his police car), and "unecessary use of horn".


notes:

during the coveration he said everything was being taped, he said something to the effect that he could not write me a ticket and just bring me to jail and tell the jailors about my attitude which i took as a threat.

on the way into the town about 20-30 minutes before I saw him speed trapping people on that side of the road, so knew to have my seatbelt on and not speed.

Quite honestly I have never seen such in my own words.. 'lame ticket'

Last edited by uolamer; 07-18-2004 at 09:35 PM.
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Old 07-18-2004, 09:45 PM
uolamer
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one more question about all this..


are either of these violations things that would count against my insurance rate?

1. "unauthorized passing of stopped emergency vehicle"
2. "unecessary use of horn"

I wasnt sure espically about #1. Thought it might be considerd a moving violation..
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Old 07-18-2004, 10:55 PM
uolamer
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sorry for the 3rd post. but i did some research.

"unauthorized passing of stopped emergency vehicle"
this is what the law is as far as what matters.

"Move Over Act” (cut down to the part that matters)

Sec. 545.157. PASSING AUTHORIZED EMERGENCY VEHICLE. (a) Requires a vehicle operator approaching a stationary authorized emergency vehicle using flashing lights, on a highway with two or more lanes traveling in the same direction, to vacate the lane closest to the emergency situation or slow to 20 mph below the speed limit or 5 mph when the posted limit is less than 25 mph.
------------

note the fact the law states I did not have to vacate that lane, I only slow to 20 mph below the limit. The cop thought the law was that I had to get out of that lane when in fact I didnt, when I did it was because he was in the lane, which is why I honked as I went by, which I am pretty sure was legal.

I think I will see if I can go before the judge and get this dismissed anyone have any suggestions? Now that I see the law and the fact I didnt break it, and he had no way of getting my speed, things look better.
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