Failure to 'Slow' for Pedestrain, Modified Ticket to Say Slow Instead of Stop

[andrea2k6]

Indiana:

Yesterday, while driving to Indianapolis,I was in the right hand lane going about 65 when I noticed a car pulled off to the median on the right hand side with its trunk open. Immediately, I pulled to the left hand lane, where traffic was going faster at probably 70 mph. The speed limit on this road is 60.

Upon pulling to the left hand lane, I had to maintain my speed to keep up with traffic flow, but did brake after seeing that the car was a Indiana State Police officer. About 10-15 seconds later I see flashing lights in the left hand lane (by this time I was back in the right hand lane, going the speed limit). I wasn't worried b/c I was I had only been going 65 when the other cars around me were doing 70+. However, the cop pulled me over, and upon coming to the window, screamed at me with his laser gun in hand that I had been going 72 which he 'clocked' twice b/c I 'didn't slow down' upon seeing his car pulled over. I told him that I had slowed down, but that my priority was to get a lane over from him and that the cars going in the left hand lane were going faster than I was so I had to keep up pace to avoid being rear ended as it was a tightly packed lane (due to Indy 500 this weekend, high traffic). I asked him if he was positive it was me and not the car in front of me he clocked (which was doing at least 73-75) and he screamed that no, he pointed the gun right at ME.

He continued yelling at me and took my info. About 10 minutes later he came back with a warning for speeding, which shocked me because he claimed I was doing 72 when I absolutely know I was doing 65 tops. And a ticket for 'failing to slow for a pedestrain' However, he marked out the word stop and wrote in 'slow'. He told me he had been picking up a 'damn tire tread of the side of the road' and that I failed to slow down. I explained that I had slowed down and again that my priority was to get out of the lane next to his car. He told me 'does it LOOK like I'm an emergency vechile??? My lights were NOT on. You do NOT get in the opposite lane UNLESS it's an emergency vechile!'

To say the least, I'm extremely confused with this situation. I can't remember seeing him outside of his car, but his trunk was up and its possible that he was. However, if he was by his trunk, how did he manage to 'radar' me going the supposed speed and now slowing down? If he was in his car, he wouldn't have been a pedestrain, no?

Any advice would be greatly appreciated, the ticket is 125$ and I'd like to fight it if I stand a chance because I strongly feel I am in the right on this one. I don't thin I have to worry about defending my speed since I only got a warning for that (which ISP cops typically don't give so I it's kind of a red flag that he wasn't sure he clocked me or maybe didn't at all) I have had one previous speeding ticket over a year ago in the same county which I paid 255$ to do a defferal on. I've had no other tickets.

[That Guy]

What code section/statute number were you cited for?

[andrea2k6]

What code section/statute number were you cited for?

offense comment: failure to slow for pedestrian $125
contrary to the form of the 9-21-8-37 failre to avoid (marked out and he wrote slow) pedestrian.

IC 9-21-8-37
Pedestrians and children; due care; caution
Sec. 37. Notwithstanding other provisions of this article or a local ordinance, a person who drives a vehicle shall do the following:
(1) Exercise due care to avoid colliding with a pedestrian or a person propelling a human powered vehicle, giving an audible signal when necessary.
(2) Exercise proper caution upon observing a child or an obviously confused, incapacitated, or intoxicated person.
As added by P.L.2-1991, SEC.9.

[jk]

first, was the cop pulled over to the median or to the right hand side of the road. In the US, the median will be on the left hand side of the lanes.


Then, presuming the officer was actually on the right side: did you actually move over into the left lane before passing the officer?


and why are you arguing that you were only going 65 when you said you had to speed up to match the other traffic which was going 70+ MPH? If you pulled into the other lane and matched their speed, you had to have been going 70+mph.

[andrea2k6]

first, was the cop pulled over to the median or to the right hand side of the road. In the US, the median will be on the left hand side of the lanes.


Then, presuming the officer was actually on the right side: did you actually move over into the left lane before passing the officer?


and why are you arguing that you were only going 65 when you said you had to speed up to match the other traffic which was going 70+ MPH? If you pulled into the other lane and matched their speed, you had to have been going 70+mph.

I had to speed up to 65 to keep up with the traffic, as I was crossing into the left hand lane. And yes I was in the left hand lane when I passed him, he was pulled over to the right.

[jk]

then it would seem the ticket was not justified as you took action to exercise due care to avoid hitting the cop.