Failure to Yield with Speeding Ticket
My question involves a traffic ticket from the state of: California
I got 2 tickets. One is for "Failure To Yield for Emergency Vehicle" and another one for Speeding 81 Miles per Hour (Limit is Miles Per Hour)
I was driving on a freeway between the speed limit 70 to 75 miles per hour.
Suddenly, I have seen a van behind me coming very close, it was little scary because i never seen this close any vehicle behind me before.
No Emergency light on the top the van.
No Siren Sound come from that vehicle.
At least, I was driving like this for 2 to 3 minutes. Then Suddenly, I had seen the emergency light come inside from the car behind my car, i said early, I did not see any light on the top of the vehicle. But the flash light come from the windshield of that car now. Immediately, I went to the shoulder and stopped the car.
Now i understood that this is police car. Police officer told to me, I was speeding up to 81 miles per hour and gave the ticket. He never talked about the "Failure to Yield for Emergency Vehicle" to me.
I have received the ticket from the court "Failure To Yield for Emergency Vehicle" and another one for Speeding 81 Miles per Hour (Limit is Miles Per Hour).
1, Yes, I was speeding more than 65 miles per hour but defiantly not more than 75 miles per hour.
2, Yes, It was possible that I have pushed my pedal upto 81 miles per hour because of the panic(I was seeing a car,. which is dangerously close). But i did not observed from the speedo meter.:grumpy:
3, No, I am not guilty on "Failure To Yield for Emergency Vehicle" because i never here a siren sound neither see any lights.
Now i am going to ask go for trial on both cases. Any Advice will be helpful.
Thanks,
Angeling
Re: Failure to Yield with Speeding Ticket
What are the code sections (numbers) cited on your original ticket? When you saw the car behind was "dangerously close" did you consider getting out of the way, regardless of whether it was an emergency vehicle or not?
Re: Failure to Yield with Speeding Ticket
Hi Donzoh1,
VC 22349A - Speeding
VC 21806A - Failure to Yield
When you saw the car behind was "dangerously close" did you consider getting out of the way, regardless of whether it was an emergency vehicle or not?
Yes, I knew it was dangerously close. So i was very panic. May be this was the reason, I had pushed my pedal little higher to avoid the dangerous situation.
He made me to go faster than the limit. I am not sure that this was his intentional or not. if it was not his intentional and he was really going for emergency then he would have not stopped me for speeding. He certainly should had the camera in his car, which will record everything. Why he need to stop me for ticket?
I believe, He was expected that i will move very fast even though it is not emergency if he come close. But i did not realized that this was police and went to panic mode because of the dangerous situation.
Thanks,
Angeling
Re: Failure to Yield with Speeding Ticket
Speeding up is neither justified nor the safe or correct solution for a tailgaiter. Moving over or smoothly decreasing your speed is. He didn't MAKE you do anything. You chose to drive at an unsafe speed. Two wrongs don't make a right.
If he wasn't operating the lights and siren then you can't be guilty of 21806.
Re: Failure to Yield with Speeding Ticket
Quote:
Quoting
Vevu Park
Hi Donzoh1,
VC 22349A - Speeding
VC 21806A - Failure to Yield
When you saw the car behind was "dangerously close" did you consider getting out of the way, regardless of whether it was an emergency vehicle or not?
Yes, I knew it was dangerously close. So i was very panic. May be this was the reason, I had pushed my pedal little higher to avoid the dangerous situation.
He made me to go faster than the limit. I am not sure that this was his intentional or not. if it was not his intentional and he was really going for emergency then he would have not stopped me for speeding. He certainly should had the camera in his car, which will record everything. Why he need to stop me for ticket?
I believe, He was expected that i will move very fast even though it is not emergency if he come close. But i did not realized that this was police and went to panic mode because of the dangerous situation.
Thanks,
Angeling
I believe the MVARS from the patrol vehicle may help you here. If lights and siren were activated, I think CHP records the video and audio. You should be able to get this evidence in discovery before trial. The state must show that you failed to yield AND that the emergency vehicle involved had a red light and siren on. If the officer was responding to an emergency, the dispatch voice recordings should indicate this. It could be that there was an emergency which went away just as the officer was behind your car. It seems hard to believe that there was an emergency in that immediate circumstance and the officer decided it was more important to cite you for not yielding and/or speeding while ignoring the emergency.
I think you're going to have a tough time arguing that he forced you to exceed the speed limit. What was the speed limit? Anyway, you'd essentially have to prove that the officer drove in such a dangerous manner that you had to break the law or be part of an accident. There may be video evidence of this, but it seems doubtful.
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Take a look at the information given by L-1 in the MVARS and Speed Approx thread today.
Re: Failure to Yield with Speeding Ticket
Hi Donzoh1,
Thanks Lot for your Reply.
It is really help for my better understanding.
Regards,
Angeling
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Hi flyingron,
I already agreed that I was over speed 70 - 75 MPH than the limit 65MPH.
But officer told that i was over the limit and went up to 81MPH. I am pretty sure and pedaled up only in panic situation.
This is not intentional to go over 81MPH. It was happening in the middle of dangerous and panic attack situation.
of course, Judge may think the same that I am trying to escape from the speeding ticket.
In the same time, I don't want to accept anything if it is not my mistake in it. Yes, I am ready to pay the fine and go for the class if the officer booked me 75MPH speed limit.
FYI, This is also officer intentional act come from his rage. I will tell you why? The speed limit is 65MPH. if you are going over 15MPH then the judge will take little serious than the other in my living place. So this officer wanted to book in 81MPH hour. 65+15+1
Anyway, if he shows in the radar then it should be ok to pay the fine.
Thanks,
Angeling
Re: Failure to Yield with Speeding Ticket
He did not force you to go 75 or drive in the left lane. Nor did he force you to increase your speed to 81. It was your intent to speed and desire not to leave the passing lane and allow him to pass that caused you to speed up to 81.
Re: Failure to Yield with Speeding Ticket
If you can't drive without panicking in a way that causes you to drive at unsafe and unlawful speeds, you need to consider giving up driving. Despite your protestations, you did intentionally speed up. The fact that you didn't intentionally want to hit 81 MPH doesn't fly. It's like saying if I intentionally shoot someone but only wanted to wound him that I didn't intentionally kill him if he dies.
As I stated, your reaction to the cop was not only contrary to the law but contrary to safe driving.
Re: Failure to Yield with Speeding Ticket
Hi Disagreeable,
of course, His intention might not speed up me to 81. Did i say like that?
But His dangerous driving made me not think clearly in panic situation. Then i broke the law and speed it up 81.
Is that means i intentionally broke the law?
you may not think clearly this much like you if you are in panic situation. Now court need to decide that the person will go panic for situation if
a car followed dangerously close.
Thanks,
Angeling
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Hi Flyingron,
Thanks for concerning the safe driving.
I know that some people like you never go panic situation at all. Moreover, some one like you never ever raise the speed up in any emergency nor urgency because you never go for panic attack. I like that.
Please don't jump out of by seeing a snake under you feet and give up walking after that.
I have heard some girls will get panic attack by seeing cockroach. Oh we need ask then to give up ..........?????
Come on........................
Bye,
Angeling
Re: Failure to Yield with Speeding Ticket
If a cockroach makes them drive unsafely, they shouldn't drive either. Standing on chairs in your kitchen and screaming doesn't jeopardize the public nor is it against the law.
Re: Failure to Yield with Speeding Ticket
BTW, Not in the car. But on the road and the girl jumped inside the traffic on the road and the driver putting the hard brake and the 10 cars hit each other and many died.
Oh my god cockroach on the road makes this much with these girls. :-)
we have to request DMV to add one more test with cockroach on the road.
In total, people can go panic attack if they see some dangerous situation. It is common for all human being.
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Hi Flyingron,
Thanks for you input in your point of view.
Just i tried to argue.
Thanks,
Angeling.