Failure to Yield to Motorcycle Cop in a Non-Emergency Situation

My question involves a traffic ticket from the state of: Texas, College Station.

I was heading south on a road that has 4 lanes(2 run north, 2 run south) with a median included. I was in the left lane. I was not paying attention to my rearview mirror until I heard a siren/horn from a motorcycle police officer with his lights on who wasn't more than a half of a car length behind me. I thought I was being pulled over so I use my left turn signal and pull into the median, then I proceeded to turn left into a gas station.(There was no where to pull over on the right hand side of the road, just a curb, no shoulder.) He follows me and tells me he issuing me a citation for "Fail to yield right of way emergency vehicle" TRC 545.156

He told me he was in pursuit of a speeding white jeep that had passed me but neither myself or the passenger saw a white jeep that had passed us. In fact, there were no vehicles even within a 2/10 of a mile behind or in front of my vehicle while I was driving.

-If there was no emergency in the first place, can he be considered an emergency vehicle?
-Will bringing the passenger in my vehicle at the time to court as a witness help clarify that there was no speeding white jeep that had passed me?

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Quoting Texas Transportation Code, Sec. 545.156. Vehicle Approached by Authorized Emergency Vehicle.

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(a) On the immediate approach of an authorized emergency vehicle using audible and visual signals that meet the requirements of Sections 547.305 and 547.702, or of a police vehicle lawfully using only an audible signal, an operator, unless otherwise directed by a police officer, shall:

(1) yield the right-of-way;

(2) immediately drive to a position parallel to and as close as possible to the right-hand edge or curb of the roadway clear of any intersection; and

(3) stop and remain standing until the authorized emergency vehicle has passed.

(b) This section does not exempt the operator of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.

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So, during the time you allegedly failed to yield, were the officer's lights and siren activated?

Yes, both lights and siren. It seems though as if he did it on purpose, just to see what I would do. Lately in town they have had a few accidents between emergency vehicles like ambulances and civilian cars.

I don't quite remember siren,but I definately remember hearing a horn.

As if he were just trying to get my attention to pull over.

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Quoting JLarson

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I was not paying attention to my rearview mirror

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You should always know the traffic behind you. Period. No excuse.

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Quoting JLarson

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until I heard a siren/horn from a motorcycle police officer with his lights on who wasn't more than a half of a car length behind me.

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For all you know he could have been there for 2 miles, right? Maybe furhter back, but you don't know.

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Quoting JLarson

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I thought I was being pulled over

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He was. To cite you.

This is an impossible to beat ticket. Especially since neither you nor your passenger know what went on initially (as if they would listen to you anyway...)

The circumstances of what he was doing will be immaterial. Unless you are trying to prove he was illegally using his emergency lights and that there was actually no emergency. Which will again be your words against his.

Pay it, then pay attention!

Sorry...

A

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Quoting JLarson

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Yes, both lights and siren. It seems though as if he did it on purpose, just to see what I would do.

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I have yet to see a police officer drive down the road with the lights and siren accidentally on.

Yes, everytime they are on, the officer wants you to do something.

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Lately in town they have had a few accidents between emergency vehicles like ambulances and civilian cars.

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Probably because of oblivious folks like yourself.

Do you know how many deaths of officers, road workers and EMT's can be attributed to accidents from drivers not paying attention?

I don't quite remember siren,but I definately remember hearing a horn.

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As if he were just trying to get my attention to pull over.

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This isn't rocket science.

HE WAS TRYING TO GET YOU TO MOVE OVER.

This isn't something you need to figure out or ponder. When you didn't and let a dangerous driver get away, you became the prize.

How could you have noticed the speeding white Jeep that passed you if it took a police motorcycle with lights flashing and siren blaring to get right behind you before you noticed him. I can hear a siren from two blocks away with the windows up and the radio on in my car, not alone the siren blaring 5 feet from my rear bumper.
Next time you see/hear an emergency vehicle you need to pull over to the right side of the road regardless of where your at.

A siren on a police motorcycle is different from even a car or a firetruck..

Quote:

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Quoting JLarson

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A siren on a police motorcycle is different from even a car or a firetruck..

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The statute you were cited in violation of describes it as an "audible signal", and whether it is the same or different on a motorcycle, a car or a fire truck, it still qualifies as an "audible signal" which when used in combination of the emergency lights by an authorized emergency vehicle, REQUIRES you to:

(1) yield the right-of-way;
(2) immediately drive to a position parallel to and as close as possible to the right-hand edge or curb of the roadway clear of any intersection; and
(3) stop and remain standing until the authorized emergency vehicle has passed.

Based on what you posted, you took your time to do #1, you turned left instead of complying with #2... And by the time you did #3 it was too late!

I said I was in the left lane. So if I was looking forward and driving, I would have seen a white Jeep pass me on the right for sure. I bitch about cars passing me on the right every time it happens. But I never saw this car, and neither did my friend. No white jeep, no emergency call, no nothing...this police officer pulled me over for NO reason. Im working on getting video from the closest intersection so it looks like I will finally prove that there are dirty, lying, scheming police officers..

As for the siren, I was referring to the volume! Thats why I couldn't hear him until he was right on my ass!

(b) Section 546.001 applies only when the operator is:
(1) responding to an emergency call;
(2) pursuing an actual or suspected violator of the law;
(3) responding to but not returning from a fire alarm;
(4) directing or diverting traffic for public safety purposes; or
(5) conducting a police escort.

These are the only excuses to have you emergency lights and equipment turned on. None of which apply in this situation. Thats my case. Get over it. Who are you to say whether I did, or did not see this mysterious white jeep?

Quote:

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Quoting JLarson

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A siren on a police motorcycle is different from even a car or a firetruck..

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Pay your ticket and stop making excuses because a judge will laugh at that one.