Yield

[danshp1]

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

I got a ticket yesterday for failure to yeild to an emergency vehicle in Missouri. I approached a trooper that had someone pulled over; I got over in the other lane and then he pulls me over for not slowing down. The statute, Rsmo 304.022 states that you have to get over OR slow down, not AND. The ticket is $135; is it worth contesting and do I have a chance? It may come down to his word against mine.

 

[justalayman]

2. Upon approaching a stationary emergency vehicle displaying lighted red or red and blue lights, the driver of every motor vehicle shall:

(1) Proceed with caution and yield the right-of-way, if possible with due regard to safety and traffic conditions, by making a lane change into a lane not adjacent to that of the stationary vehicle, if on a roadway having at least four lanes with not less than two lanes proceeding in the same direction as the approaching vehicle; or

(2) Proceed with due caution and reduce the speed of the vehicle, maintaining a safe speed for road conditions, if changing lanes would be unsafe or impossible.

the only possible justification I can see is if the road did not have at least 4 lanes with at least 2 lanes for the traffic moving in your direction. Did it have at least 2 lanes of a 4 lane highway in your direction of travel?

 

[danshp1]

Yes, it was a 4-lane highway and the far lane was open, the lane that I got over into.

 

[LdiJ]

Yes, it was a 4-lane highway and the far lane was open, the lane that I got over into.

Did you perhaps get over into the other lane kind of at the last minute? It seems odd that the trooper would even bother to chase you down if he/she was busy with another traffic stop...unless you did something that made the trooper feel at risk from your vehicle.

 

[LdiJ]

Yes, it was a 4-lane highway and the far lane was open, the lane that I got over into.

Did you perhaps get over into the other lane kind of at the last minute? It seems odd that the trooper would even bother to chase you down if he/she was busy with another traffic stop...unless you did something that made the trooper feel at risk from your vehicle.

 

[danshp1]

Nope, got over well before I got to him. He was finished with that stop and he stated that when he clocked me i didn't reduce speed. He insisted that you have to get over and reduce. I think he's just mistaken.

 

[justalayman]

Nope, got over well before I got to him. He was finished with that stop and he stated that when he clocked me i didn't reduce speed. He insisted that you have to get over and reduce. I think he's just mistaken.

based on that statement, I would dispute the ticket.