Failure to Yield to Emergency Vehicle

[mellie_ann]

My question involves a traffic ticket from the state of: CA

I was in the fast lane talking on my cell phone. Traffic was fairly heavy and under the speed limit. I saw a cop behind me and ended the call but he turned on his lights and got on my tail. Traffic was merging on the right from on-ramps. The left median was wide, at least two lanes wide, and appeared safe, so I immediately pulled to the left. The officer advised me he pulled me over for talking on my cell. He stated in a by the way type fashion that when you get pulled over you need to pull to the right, not the left. He wrote my ticket for the cell phone and "failure to yield right" I got the ticket in the mail which was $489. Any advice would be appreciated, I'm scheduled for an arraignment next week and I'm not sure what to expect. I am guilty of the cell phone violation, but definitely yielded to the PD officer, in what I still believe was a safe manner.

[sniper]

Authorized Emergency Vehicles

21806. Upon the immediate approach of an authorized emergency vehicle which is sounding a siren and which has at least one lighted lamp exhibiting red light that is visible, under normal atmospheric conditions, from a distance of 1,000 feet to the front of the vehicle, the surrounding traffic shall, except as otherwise directed by a traffic officer, do the following:

(a) (1) Except as required under paragraph (2), the driver of every other vehicle shall yield the right-of-way and shall immediately drive to the right-hand edge or curb of the highway, clear of any intersection, and thereupon shall stop and remain stopped until the authorized emergency vehicle has passed.

(2) A person driving a vehicle in an exclusive or preferential use lane shall exit that lane immediately upon determining that the exit can be accomplished with reasonable safety.

(b) The operator of every street car shall immediately stop the street car, clear of any intersection, and remain stopped until the authorized emergency vehicle has passed.

(c) All pedestrians upon the highway shall proceed to the nearest curb or place of safety and remain there until the authorized emergency vehicle has passed.


Was his siren on? For this section, it must be activated. It does not, however, state a duration the siren shall be on for.

[mellie_ann]

No the siren was not on.

[sniper]

Then the code cited does not apply and is grounds for dismissal. The siren MUST be used for this code to apply.

[mellie_ann]

Thanks for the info!

[mellie_ann]

I had my arraignment today. I pled guilty to the cell phone and not guilty to the failure to yield. I asked for a trial by written declaration. The court set it over 45 days out for both counts (1/5), and I did not waive time.... Isn't that also grounds for dismissal, or did I automatically waive time by asking for a trial by written declaration?

[wangsan]

Hi, I make a big mistake. I just got three tickets.
1,First ticket-I just bought a car and have no license. I drove out with a friend without a license. I have no driving experience and only have a permit.
2, Second ticket-I forgot to turn on the headlight at nightfall. With the street lamp, I can see the road and so didn't realize turning the headlight.
3, Third ticket-I fail to yield the emergency car. I stop by home after i drove for about five blocks.
I feel very bad. How much will i pay for the fine?
How can I argue for waive one or two ASAP?
Thanks.

[jk]

Hi, I make a big mistake. I just got three tickets.
.

you made one here as well. Actually two.

Start your own thread and list the state involved. Every state is different.

If you have the actual code sections of the citatiions, that would help as well.