Re: Speeding Ticket and Failure to Yield to an Emergency Vehicle - is This Fair
is it possible to receive a ticket for crossing the yellow solid lines when getting pulled over for a different violation? if so, does that mean receiving a second fine is unavoidable?
Re: Speeding Ticket and Failure to Yield to an Emergency Vehicle - is This Fair
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mylucksucks
is it possible to receive a ticket for crossing the yellow solid lines when getting pulled over for a different violation? if so, does that mean receiving a second fine is unavoidable?
I suppose anything is possible, but it would seem to me to be a real good argument that you saw the lights behind you and pursuant to the CVC you yielded to the right as there was no left shoulder (assuming that was the case).
Re: Speeding Ticket and Failure to Yield to an Emergency Vehicle - is This Fair
I am just interested in which section of the CVC.
Let's say I am on the slow lane and see the flash. Instead of immediately pulling over to the right shoulder, I drive a bit more and exit the next fwy exit. Is it okay? I guess most people feel safer stopping on a city street than on a fwy shoulder.
Re: Speeding Ticket and Failure to Yield to an Emergency Vehicle - is This Fair
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mylucksucks
is it possible to receive a ticket for crossing the yellow solid lines when getting pulled over for a different violation? if so, does that mean receiving a second fine is unavoidable?
"21806(a)(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."
Your commanded to do so.
What the OP should have done (besides, you know, yielding immediately) was harp on the status of the siren. If he can testify that he never heard the siren (sirens being ineffective at freeway speeds is fairly well covered in the exam for the CA ambulance driver certificate, and the handbook available at the DMV. IIRC, that section was written by the CHP), or better yet get the officer to admit that he never sounded his siren, then the elements of 21806 haven't been met.
Granted, at this point you've failed the attitude test anyways and a license can be suspended just on the speeding ticket, but it might have saved some money.
Re: Speeding Ticket and Failure to Yield to an Emergency Vehicle - is This Fair
^^^^
There is also 21655.8(b):
21655.8.
(a) Except as required under subdivision (b), when exclusive or preferential use lanes for high-occupancy vehicles are established pursuant to Section 21655.5 and double parallel solid lines are in place to the right thereof, no person driving a vehicle may cross over these double lines to enter into or exit from the exclusive or preferential use lanes, and entrance or exit may be made only in areas designated for these purposes or where a single broken line is in place to the right of the exclusive or preferential use lanes.
(b) Upon the approach of an authorized emergency vehicle displaying a red light or siren, as specified in Section 21806, 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.
(c) Raised pavement markers may be used to simulate painted lines described in this section.
Re: Speeding Ticket and Failure to Yield to an Emergency Vehicle - is This Fair
It's interesting that 21655.8 uses "or" and 21806 uses "and".
However, the OP wasn't charged with violating 21655.8(B).
Also a quick disclaimer. People get charged with violating the law, not being an a-hole. Not yielding when safe to do so to emergency vehicles with red lights on but no siren is an a-hole move regardless of legal status. In general, laws enshrine the right action, and if yielding across double yellow lines feels right, then do that. Chances are, it is the right move. Additionally, even if it was technically wrong, the chances of being charged with crossing double yellow lines to yield are much less than being charged with failure to yield.
Re: Speeding Ticket and Failure to Yield to an Emergency Vehicle - is This Fair
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California student
However, the OP wasn't charged with violating 21655.8(B).
He wasn't cited for 21806(a)(2) either... He was cited with 21806(a)(1)...
And if you'd read both sub-paragraphs you would see how the OP's citation wasn't related to carpool lanes at all. The citation was issued for “failure to yield to the right -and stop if necessary- to an emergency vehicle”...
But that wasn't my point. My post was not an attempt to relate to what the OP was charged for, but only to answer two questions:
is it possible to receive a ticket for crossing the yellow solid lines when getting pulled over for a different violation?
And What should the OP have done - crossed or not crossed the solid yellow lines?
So the requirement is you must clear out of the carpool lane in cases where you see emergency lights behind you, REGARDLESS of whether it be a part of the officer trying to pull you over (and typically he will guide you/lead you across the lanes and to the right just like he did for the OP here (from first post: “the officer had his lights on and even drove to the next lane to "encourage" me to cross ...”)....
OR whether it be part of the officer (or any other authorized person in an authorized vehicle) simply trying to get past you on his way to an emergency!
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Quoting Feng
Let's say I am on the slow lane and see the flash. Instead of immediately pulling over to the right shoulder, I drive a bit more and exit the next fwy exit. Is it okay? I guess most people feel safer stopping on a city street than on a fwy shoulder.
You'll note that in both code section that were cited , the word “immediately” is used. Stopping on the freeway shoulder or not (and with the officer parked behind you) is more often more of a safety issue (or lack thereof) for the officer than it is for you... Let him make that decision. Immediately pull over, and if he wants you to do otherwise, he will let you know!
So if there is a shoulder, you merge out of the slow lane and onto the shoulder, if the officer wants you to drive up and off at the next exit, he'll get on the loud speaker and tell you to do so. Better yet, if you're ways from the exit and he wants you off the freeway, chances are he might not light you up until you get close to the exit! Also, more often than not, he'll want you off the off ramp as well, meaning drive through the off ramp, make a right/left and stop immediately. For this last one, wait until he instructs you to do so...
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California student
People get charged with violating the law, not being an a-hole. Not yielding when safe to do so to emergency vehicles with red lights on but no siren is an a-hole move regardless of legal status.
Word! :D
I'll even bet that the cop chirped his siren a couple of times here... May be even ran lights AND siren!
I disagree with your first sentence though, Stu...
There are times when people DO get cited for being a-holes (I know I have in the past)...
The'll get convicted for being a-holes, the'll get charged extra fine for being a-holes and they may even get suspended for being a-holes...
My disclaimer comes in here where I say: None of this is in any way related to what happened to the OP here simply because I wasn't there to know what happened!