Defenses to Failure to Yield to an Emergency Vehicle

Hi,
So I was written a ticket for failure to yield to an emergency vehicle in violation of 1144A in New York.

The situation:
Christmas day I was driving back from a friend's house, safely and following all the rules, in the middle lane of a three lane road. A police car with flashing lights was coming up behind me (middle lane). I did not hear any sirens and being a new driver, I was confused so I slowed down. The police car continued to follow behind me and then it went into the left lane. I continued to drive slowly. The police car came up on my left and then proceeded to cut me off and turn right into a side road coming up. I was in shock and pressed the brakes as my car lightly hit into the police car that was cutting in front of me without warning. The police man told me that it would be fine, I was driving well and following the rules and that he had to write me a ticket. He told me that it wasn't a big deal and I'd just go to court and everything will be fine.

Originally I placed a guilty plea, in the suggestions of my father. But in the suggestion of my mother, she told me to fight it and so I changed my plea to not guilty.

My main questions are:
Do I have a reasonable case?
Do I need a lawyer?

I have court in a week and a half. Please help because I'm freaking out. I have a completely clean record. This is my first "offense".

did you pull over when the police car was behind you?

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Quoting Lehk

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did you pull over when the police car was behind you?

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No I did not. I slowed down because I was uncertain on which way the cop wanted to lane into.

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Quoting jhanft

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A police car with flashing lights was coming up behind me (middle lane). I did not hear any sirens and being a new driver, I was confused so I slowed down. . . I was in shock and pressed the brakes as my car lightly hit into the police car that was cutting in front of me without warning.

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Actually, the police car did NOT cut in front of you “without warning.” Those flashing lights you mentioned are often referred to as an “emergency warning device.” BUT, the appropriate statute reads:

§ 1144. Operation of vehicles on approach of authorized emergency vehicles. (a) Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle other than a police vehicle or bicycle when operated as an authorized emergency vehicle, and when audible signals are sounded from any said vehicle by siren, exhaust whistle, bell, air-horn or electronic equivalent; the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to the right-hand edge or curb of the roadway, or to either edge of a one-way roadway three or more lanes in width, clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle has passed, unless otherwise directed by a police officer.
(b) This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with reasonable care for all persons using the highway.

So, if the cop did not have a siren activated, it would appear that you did not violate 1144, above (although, even with just flashing lights, the appropriate response is still to pull to the right and stop!!!). However, you account does not show any violation of 1144A, which deals with passing a stopped emergency vehicle. If that is what is on your citation, the cop charged the wrong statute.

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Quoting PTPD22

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Actually, the police car did NOT cut in front of you “without warning.” Those flashing lights you mentioned are often referred to as an “emergency warning device.” BUT, the appropriate statute reads:

§ 1144. Operation of vehicles on approach of authorized emergency vehicles. (a) Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle other than a police vehicle or bicycle when operated as an authorized emergency vehicle, and when audible signals are sounded from any said vehicle by siren, exhaust whistle, bell, air-horn or electronic equivalent; the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to the right-hand edge or curb of the roadway, or to either edge of a one-way roadway three or more lanes in width, clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle has passed, unless otherwise directed by a police officer.
(b) This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with reasonable care for all persons using the highway.

So, if the cop did not have a siren activated, it would appear that you did not violate 1144, above (although, even with just flashing lights, the appropriate response is still to pull to the right and stop!!!). However, you account does not show any violation of 1144A, which deals with passing a stopped emergency vehicle. If that is what is on your citation, the cop charged the wrong statute.

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Yes the cop charged me with 1144A. So what does this mean?

It means if you contest the ticket, it will be your word against his as to whether a siren was sounded.

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Quoting jhanft

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Yes the cop charged me with 1144A. So what does this mean?

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You can't be serious to not know what that means. But just in case, that means you are accused of having failed to yield to an emergency vehicle.

Your defense is what?

You did not hear any sirens (but that does not mean the siren was not on, only that you did not hear it);
Being a new driver you were confused (and yet the requirement applies to all drivers, new and old).

Of course the part in your post that makes zero sense is that the cop told you:

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Quoting jhanft

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The police man told me that it would be fine, I was driving well and following the rules and that he had to write me a ticket.

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If you were driving well and following all the rules, why would he issue you a citation accusing you of violating that one rule?

the answer to that is simple... You have no way of backing up your claim that he told you that. He, on the other hand, has a citation that he issued to you at the time that says "he is charging you with violating that one rule".

Maybe your Mom has any suggestions as to what you should do/say in your defense.

Yeah, I suppose. The whole thing with the cops were that 5 of them came up to my window. The driver, his partner, and then other cops that were stationed in that side street (which I did not have a visual of until the point in which the police car went to turn right). The driver came to check on me to see if I was alright and then proceeded to ask me what happened, if I was a new driver and if I got nervous. I told the cop that I got nervous and yes, I'm a new driver. Another cop came up to the window and asked me if I was nervous also. Then another cop walked up and said everything is alright. He then said, "You have two options. We can either be asshole cops or we can be nice. Which one do you want us to be?" I didn't answer him. The driver told me to move my car off the middle lane and next to the side walk. I did and then the driver and the same cop who asked me the two options question came up to my window. The driver asked me if I wanted to file an accident report. The other cop said don't do it. So I said no, because I was intimidated. Then he said, "you're alright, you can go home to your family now. Be safe." Then another cop, with a pissed off look on his face, came up to them and told them I cannot be dismissed and that the driver must write me a ticket. So the driver apologized to me and took all of my information and wrote me a ticket. He came back and told me, "Here is a ticket. It's not a big deal, just go to court and tell them what happened. You're a good driver, you're a good girl don't cry or you'll make me cry. Here is another paper for your insurance about repairs. Just be careful when you drive home, okay?"

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Quoting jhanft

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Yes the cop charged me with 1144A. So what does this mean?

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What that means is that the cop charged you with a violation that you did not commit and does not fit the circumstances of your incident. 1144A deals with traffic passing a stopped emergency vehicle on the side of the road. 1144 deals with what you describe in your scenario.

I would advise you go to court and plead not guilty because you did not violate the statute you are charged with. You did not pass a stopped emergency vehicle and, therefore, you are not guilty of 1144A. If the judge allows the charge to be amended to 1144, still plead not guilty because the cop did not have any audible emergency warning device activated, as is required by the statute. If the cop testifies that he DID have his siren on, you will lose. But, if he admits that he did not, the charge should be dismissed.

Thank you very much PTPD22!