Failure to 'Slow' for Pedestrain, Modified Ticket to Say Slow Instead of Stop

[andrea2k6]

Indiana:

Yesterday, while driving to Indianapolis,I was in the right hand lane going about 65 when I noticed a car pulled off to the median on the right hand side with its trunk open. Immediately, I pulled to the left hand lane, where traffic was going faster at probably 70 mph. The speed limit on this road is 60.

Upon pulling to the left hand lane, I had to maintain my speed to keep up with traffic flow, but did brake after seeing that the car was a Indiana State Police officer. About 10-15 seconds later I see flashing lights in the left hand lane (by this time I was back in the right hand lane, going the speed limit). I wasn't worried b/c I was I had only been going 65 when the other cars around me were doing 70+. However, the cop pulled me over, and upon coming to the window, screamed at me with his laser gun in hand that I had been going 72 which he 'clocked' twice b/c I 'didn't slow down' upon seeing his car pulled over. I told him that I had slowed down, but that my priority was to get a lane over from him and that the cars going in the left hand lane were going faster than I was so I had to keep up pace to avoid being rear ended as it was a tightly packed lane (due to Indy 500 this weekend, high traffic). I asked him if he was positive it was me and not the car in front of me he clocked (which was doing at least 73-75) and he screamed that no, he pointed the gun right at ME.

He continued yelling at me and took my info. About 10 minutes later he came back with a warning for speeding, which shocked me because he claimed I was doing 72 when I absolutely know I was doing 65 tops. And a ticket for 'failing to slow for a pedestrain' However, he marked out the word stop and wrote in 'slow'. He told me he had been picking up a 'damn tire tread of the side of the road' and that I failed to slow down. I explained that I had slowed down and again that my priority was to get out of the lane next to his car. He told me 'does it LOOK like I'm an emergency vechile??? My lights were NOT on. You do NOT get in the opposite lane UNLESS it's an emergency vechile!'

To say the least, I'm extremely confused with this situation. I can't remember seeing him outside of his car, but his trunk was up and its possible that he was. However, if he was by his trunk, how did he manage to 'radar' me going the supposed speed and now slowing down? If he was in his car, he wouldn't have been a pedestrain, no?

Any advice would be greatly appreciated, the ticket is 125$ and I'd like to fight it if I stand a chance because I strongly feel I am in the right on this one. I don't thin I have to worry about defending my speed since I only got a warning for that (which ISP cops typically don't give so I it's kind of a red flag that he wasn't sure he clocked me or maybe didn't at all) I have had one previous speeding ticket over a year ago in the same county which I paid 255$ to do a defferal on. I've had no other tickets.

[That Guy]

What code section/statute number were you cited for?

[andrea2k6]

What code section/statute number were you cited for?

offense comment: failure to slow for pedestrian $125
contrary to the form of the 9-21-8-37 failre to avoid (marked out and he wrote slow) pedestrian.

IC 9-21-8-37
Pedestrians and children; due care; caution
Sec. 37. Notwithstanding other provisions of this article or a local ordinance, a person who drives a vehicle shall do the following:
(1) Exercise due care to avoid colliding with a pedestrian or a person propelling a human powered vehicle, giving an audible signal when necessary.
(2) Exercise proper caution upon observing a child or an obviously confused, incapacitated, or intoxicated person.
As added by P.L.2-1991, SEC.9.

[jk]

first, was the cop pulled over to the median or to the right hand side of the road. In the US, the median will be on the left hand side of the lanes.


Then, presuming the officer was actually on the right side: did you actually move over into the left lane before passing the officer?


and why are you arguing that you were only going 65 when you said you had to speed up to match the other traffic which was going 70+ MPH? If you pulled into the other lane and matched their speed, you had to have been going 70+mph.

[andrea2k6]

first, was the cop pulled over to the median or to the right hand side of the road. In the US, the median will be on the left hand side of the lanes.


Then, presuming the officer was actually on the right side: did you actually move over into the left lane before passing the officer?


and why are you arguing that you were only going 65 when you said you had to speed up to match the other traffic which was going 70+ MPH? If you pulled into the other lane and matched their speed, you had to have been going 70+mph.

I had to speed up to 65 to keep up with the traffic, as I was crossing into the left hand lane. And yes I was in the left hand lane when I passed him, he was pulled over to the right.

[jk]

then it would seem the ticket was not justified as you took action to exercise due care to avoid hitting the cop.

[andrea2k6]

then it would seem the ticket was not justified as you took action to exercise due care to avoid hitting the cop.

Under this code? IC 9-21-8-37
Pedestrians and children; due care; caution
Sec. 37. Notwithstanding other provisions of this article or a local ordinance, a person who drives a vehicle shall do the following:
(1) Exercise due care to avoid colliding with a pedestrian or a person propelling a human powered vehicle, giving an audible signal when necessary.
(2) Exercise proper caution upon observing a child or an obviously confused, incapacitated, or intoxicated person.
As added by P.L.2-1991, SEC.9.

I just need an estimate of my honest chances in court, the last thing I want is the judge siding with the police regardless of the truth behind what happened. Would I just state that I had in fact gotten into the left hand lane and excercized due caution? Even if I didn't go below speed limit unless being next to the officer two lanes away? I did slow, and I did get into the left hand lane, so the code just doesn't even match what he said I did 'wrong'

[jk]

if you want odds, You will have to call the folks in Vegas. All I can say is the charge, based on what you provided, does not seem appropriate. Without the officers version, that is all anybody can base an answer on.

I will say that your rendition is a bit confusing though:

And a ticket for 'failing to slow for a pedestrain' However, he marked out the word stop and wrote in 'slow'. He told me he had been picking up a 'damn tire tread of the side of the road' and that I failed to slow down. I explained that I had slowed down and again that my priority was to get out of the lane next to his car. He told me 'does it LOOK like I'm an emergency vechile??? My lights were NOT on. You do NOT get in the opposite lane UNLESS it's an emergency vechile!'

Here you state you did slow down yet in other areas, you state you had to speed up to match the traffic in the lane you moved to. Obviously it can't be both.

anyway, the law cited is really out of place as it is so ambiguous that it does not define what is due care or proper caution. Basically, if you do not hit the pedestrian, one would have to assume you did use due care and proper caution to prevent hitting the pedestrian. There is no requirement in the statute to slow upon the presence of the pedestrian.



and the officer should be admonished by his superiors to use his lights when appropriate and being stopped alongside a 65 MPH highway would be an appropriate place to use them.

[andrea2k6]

if you want odds, You will have to call the folks in Vegas. All I can say is the charge, based on what you provided, does not seem appropriate. Without the officers version, that is all anybody can base an answer on.

I will say that your rendition is a bit confusing though:

Here you state you did slow down yet in other areas, you state you had to speed up to match the traffic in the lane you moved to. Obviously it can't be both.

anyway, the law cited is really out of place as it is so ambiguous that it does not define what is due care or proper caution. Basically, if you do not hit the pedestrian, one would have to assume you did use due care and proper caution to prevent hitting the pedestrian. There is no requirement in the statute to slow upon the presence of the pedestrian.



and the officer should be admonished by his superiors to use his lights when appropriate and being stopped alongside a 65 MPH highway would be an appropriate place to use them.

You're right. What I mean is that I was speeding in the right hand lane, going about 65 in a 60, upon getting into the left hand lane, I could not dramatically decrease my speed to say, 50, without risking being rear-ended as no one in the lane slowed that dramatically. However, I did gradually slow and was at about 55mph just after passing the cop car.

Are you saying that with this citation, it doesn't match what happened? Even if the judge believes the cop instead that I didn't slow at all in the right hand lane? Because I did 'make effort' to 'avoid' the pedestrian by gettin in the left hand lane?

Also, what materials should I ask for prior to court date? Like, his notes on the ticket, etc? I'm afraid asking for these things will make him prepare for court more and make him more likely to show and actually end up hurting my chances.

[jk]

If you moved to the left lane before passing the cop, I don't see why he would have stopped you let alone given you a ticket. I just don't see the justification.

Are you saying that with this citation, it doesn't match what happened?

it doesn't match what the cop is claiming. You did act to safeguard any pedestrian that might have been present. I see no violation based on what you have stated.

Even if the judge believes the cop instead that I didn't slow at all in the right hand lane?

it shouldn't make a lick of difference. There is no requirement to slow down. It requires you to drive with due regard of any pedestrian. Moving to the other lane, in my opinion, would provide more safety than slowing and staying in the right hand lane.

Also, what materials should I ask for prior to court date? Like, his notes on the ticket, etc? I'm afraid asking for these things will make him prepare for court more and make him more likely to show and actually end up hurting my chances.

I have very limited knowledge of actually fighting a ticket in court but obviously you would want any notes obtainable. If (and I doubt this) the camera in the car was on (if there was one) when you passed the cop would be very good for you as well.