Failure to Yield to Emergency Vehicle After Yielding to Center Divide
My question involves a traffic ticket from the state of: california
code 21806(a)
I was driving on the left most lane of a freeway and was over the speed limit by 20 miles, when I saw a police car following me with the lights on, I pulled over to the left shoulder, then the police pulled over to the left shoulder as well and gave me a ticket for speeding and yield to center divide.
My question is, is yield to center divide equivalent as failing to yield to emergency vehicle? is it accurate to put down 21806 for yield to center divide?
Thank you.
Re: Failure to Yield to Emergency Vehicle = Yield to Center Divide
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dkchert
My question involves a traffic ticket from the state of: california
code 21806(a)
I was driving on the left most lane of a freeway and was over the speed limit by 20 miles, when I saw a police car following me with the lights on, I pulled over to the left shoulder, then the police pulled over to the left shoulder as well and gave me a ticket for speeding and yield to center divide.
My question is, is yield to center divide equivalent as failing to yield to emergency vehicle? is it accurate to put down 21806 for yield to center divide?
Thank you.
VC 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.
Yes, 21806 is applicable. As you can see, you're required to yield by driving to the RIGHT-had edge of the roadway.... However, the question then becomes whether he had his lights AND sirens on.
Re: Failure to Yield to Emergency Vehicle = Yield to Center Divide
I see, thanks.
He had his lights on but not sirens, but I would imagine he can just say he had his sirens on in court and there is no way I can prove him wrong. There are friends in my car, can they be witness?
In addition, is there a procedure to change the venue for court appearance to a plcae close to where I live?
Thank you.
Re: Failure to Yield to Emergency Vehicle = Yield to Center Divide
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dkchert
There are friends in my car, can they be witness?
You can try and use them as witnesses... Not sure how much difference it would make if the officer testifies that he had both (lights AND sirens).
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dkchert
In addition, is there a procedure to change the venue for court appearance to a plcae close to where I live?
Typically, a change of venue for a traffic citation should be requested at the time of the stop/before the citation is issued. Once the citation is issued and a court location indicated thereon, it would have to be filed with that particular court and requesting a change of venue after that becomes extremely difficult... I am not sure whether you reside/work in a different county than where you were cited but change of venue requests are near impossible between two different counties.
If you don't live near the courthouse where your case is getting adjudicated, you can always try a "Trial By Declaration".
Good luck!
Re: Failure to Yield to Emergency Vehicle = Yield to Center Divide
actually, if he has an in car video recorder, it may show the sirens, or lack of them. It would depend when an officer starts recording. Some are automatic with the lights. Some require a manual activation.
Re: Failure to Yield to Emergency Vehicle = Yield to Center Divide
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jk
actually, if he has an in car video recorder, it may show the sirens, or lack of them. It would depend when an officer starts recording. Some are automatic with the lights. Some require a manual activation.
Thanks for the great info, do you know if the police is obliged to bring the record if he appears in court? Would I be able to request for the video record during the session? I guess there would be incentive for him to show the record to prove I am speeding but if the siren was indeed not on (I didnt hear it), he might not want to show it.....
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That Guy
You can try and use them as witnesses... Not sure how much difference it would make if the officer testifies that he had both (lights AND sirens).
Typically, a change of venue for a traffic citation should be requested at the time of the stop/before the citation is issued. Once the citation is issued and a court location indicated thereon, it would have to be filed with that particular court and requesting a change of venue after that becomes extremely difficult... I am not sure whether you reside/work in a different county than where you were cited but change of venue requests are near impossible between two different counties.
If you don't live near the courthouse where your case is getting adjudicated, you can always try a "Trial By Declaration".
Good luck!
Ah, I live in a different county 30 miles away, I guess I wont be able to change venue then.
Thanks for ur help, have a happy new year!
Re: Failure to Yield to Emergency Vehicle = Yield to Center Divide
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=dkchert;481112]Thanks for the great info, do you know if the police is obliged to bring the record if he appears in court?
he is not required to bring anything but himself. He will typically bring any notes he has. He will not generally bring such a recording.
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Would I be able to request for the video record during the session?
you need to seek the video as part of building your defense, This needs to be done prior to any trial.
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I guess there would be incentive for him to show the record to prove I am speeding but if the siren was indeed not on (I didnt hear it), he might not want to show it.....
it's not his choice if you request it using the proper actions. His testimony will generally be accepted as accurate unless you can show something contrary or have caused his veracity to be in question.