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  1. #1
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    Default Unfair Failure to Yield to Police Officer Ticket

    My question involves a traffic ticket from the state of: Virginia

    I was driving along 288 and passed by two police cars pulled over to the side of the road. There was an officer outside of his vehicle who motioned to move in to the left lane. This was impossible, because directly to the left of me there was another vehicle. There also was not enough time to decelerate and pull in to the left lane when I was motioned to move in to it. I assumed the cops realized this since I drove on for about five minutes, before police cars came in behind me and pulled me over. They wanted to search my car, but I told them I don't consent to any searches and they dropped the idea. I was citated for Failure to yield right of way to emergency vehicle. Is there any way I can fight this? I only got my license three months ago, so I'm worried about losing it over this silly ticket. Thanks in advance for any help.

  2. #2
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    Default Re: Unfair Failure to Yield to Police Officer Ticket

    silly ticket? Are you not aware of how many cops are injured or killed because of the situation you described? Most states have laws requiring you move over or slow down when approaching an emergency vehicle.



    You were directed to move to the other lane. That isn't a suggestion. It's a directive which you are required to comply with.

    Not only that, there is a law that requires you to move over, if at all possible, when approaching an emergency vehicle with their lights on. Unless they cars were immediately after a hill and you could not see them as you approached, I really do not see any defense to your failure to move over as directed.

  3. #3
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    Default Re: Unfair Failure to Yield to Police Officer Ticket

    Quote Quoting jk
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    silly ticket? Are you not aware of how many cops are injured or killed because of the situation you described? Most states have laws requiring you move over or slow down when approaching an emergency vehicle.



    You were directed to move to the other lane. That isn't a suggestion. It's a directive which you are required to comply with.

    Not only that, there is a law that requires you to move over, if at all possible, when approaching an emergency vehicle with their lights on. Unless they cars were immediately after a hill and you could not see them as you approached, I really do not see any defense to your failure to move over as directed.
    Okay, Next time an officer directs me to move in to the other lane beside me where there's a vehicle, I'll be a good little sheeple and drive in to it, great idea. I try to drive as safely as possible, and to follow the officers request would have caused an accident.

  4. #4
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    Mar 2010
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    Default Re: Unfair Failure to Yield to Police Officer Ticket

    Quote Quoting TLP5
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    Okay, Next time an officer directs me to move in to the other lane beside me where there's a vehicle, I'll be a good little sheeple and drive in to it, great idea. I try to drive as safely as possible, and to follow the officers request would have caused an accident.
    You say there was no time to slow down and move over, but did you slow down at all when you saw the lights? Was your speed less than the speed limit? From your description it does not sound like it was either reasonable or safe to change lanes. These kinds of laws are intentionally written with vague language. What constitutes a "safe" speed for conditions when the emergency vehicle is off the side of the road? Slowing down to anything below the speed limit would seem to comply with the language of the law. It says yield OR slow down. If you did one OR the other, then you should not be found guilty. However, the reality is that you will likely be found guilty. This is a big money maker from everything I have read all over the web. Washington just enacted a very similar law recently.

    It does not seem likely that you would lose your license based on section C.

    Quote Quoting Code Of Virginia
    § 46.2-921.1. Drivers to yield right-of-way or reduce speed when approaching stationary emergency vehicles on highways; penalties.

    A. The driver of any motor vehicle, upon approaching a stationary vehicle that is displaying a flashing, blinking, or alternating blue, red, or amber light or lights as provided in § 46.2-1022, 46.2-1023, or 46.2-1024 or subdivision A 1 or A 2 of § 46.2-1025 shall (i) on a highway having at least four lanes, at least two of which are intended for traffic proceeding as the approaching vehicle, proceed with caution and, if reasonable, with due regard for safety and traffic conditions, yield the right-of-way by making a lane change into a lane not adjacent to the stationary vehicle or (ii) if changing lanes would be unreasonable or unsafe, proceed with due caution and maintain a safe speed for highway conditions.

    B. A violation of any provision of this section shall be punishable as a traffic infraction, except that a second or subsequent violation of any provision of this section, when such violation involved a vehicle with flashing, blinking, or alternating blue or red lights, shall be punishable as a Class 1 misdemeanor.

    C. If the violation resulted in damage to property of another person, the court may, in addition, order the suspension of the driver's privilege to operate a motor vehicle for not more than one year. If the violation resulted in injury to another person, the court may, in addition to any other penalty imposed, order the suspension of the driver's privilege to operate a motor vehicle for not more than two years. If the violation resulted in the death of another person, the court may, in addition to any other penalty imposed, order the suspension of the driver's privilege to operate a motor vehicle for two years.

    D. The provisions of this section shall not apply in highway work zones as defined in § 46.2-878.1.

    (2002, cc. 163, 341; 2008, c. 818; 2010, c. 289.)

  5. #5
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    Default

    Quote Quoting Speedy Gonzalez
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    You say there was no time to slow down and move over, but did you slow down at all when you saw the lights? Was your speed less than the speed limit? From your description it does not sound like it was either reasonable or safe to change lanes. These kinds of laws are intentionally written with vague language. What constitutes a "safe" speed for conditions when the emergency vehicle is off the side of the road? Slowing down to anything below the speed limit would seem to comply with the language of the law. It says yield OR slow down. If you did one OR the other, then you should not be found guilty. However, the reality is that you will likely be found guilty. This is a big money maker from everything I have read all over the web. Washington just enacted a very similar law recently.

    It does not seem likely that you would lose your license based on section C.
    Thank you for the reply, it is greatly appreciated. When I saw the officers to the side of the road, I moved as far to the left inside of my lane as was safely possible, because I do acknowledge the danger there is to cops when they are on the side of the road. Although I did not slow down any, I was going below the speed limit, somewhere between 55 and 60. How can they prove that I did not slow down though when I saw them on the side of the road? There isn't any evidence to say that I didn't slow down, unless they actually used a radar gun to determine my speed before I came upon them and then after. Clearly their own visual of it is no accurate representation.

  6. #6
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    Default Re: Unfair Failure to Yield to Police Officer Ticket

    Also, I've been through drivers education as well as behind the wheel and I have not even heard of this law. Numerous people who I have asked also haven't heard of it. What gives with the lack of awareness? This is definitely something they should be teaching. I always recognized that you should yield to emergency vehicles in the road, but these vehicles were pulled over and stationary.

  7. #7
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    Default Re: Unfair Failure to Yield to Police Officer Ticket

    Quote Quoting TLP5
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    Thank you for the reply, it is greatly appreciated. When I saw the officers to the side of the road, I moved as far to the left inside of my lane as was safely possible, because I do acknowledge the danger there is to cops when they are on the side of the road. Although I did not slow down any, I was going below the speed limit, somewhere between 55 and 60. How can they prove that I did not slow down though when I saw them on the side of the road? There isn't any evidence to say that I didn't slow down, unless they actually used a radar gun to determine my speed before I came upon them and then after. Clearly their own visual of it is no accurate representation.
    first, the law requires you to move over or, if not safe, to drive prudently. The problem: the law is irrelevant in this situation. The cop gave you a specific directive to move to the other lane. While you say it was unsafe to do so because there was a car there, you also say you did not slow down whatsoever so you could merge behind the other car.

    How do you know the cop wasn't directing you around something in the road or some other reason it was imperative you moved over?

    You ignored the direct and legal order of a police officer and that is an offense not taken lightly by any force across the country. You can whine all you want about being a sheeple and if that is what you believe this situation to be, then be prepared to lose your license for other acts taken simply to protest.

    Have a great life walking,.

  8. #8
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    Default Re: Unfair Failure to Yield to Police Officer Ticket

    Quote Quoting TLP5
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    . Clearly their own visual of it is no accurate representation.
    actually, in many states, the officers determination of your speed is adequate testimony to convict a person for speeding. A radar or other means of measurement is actually considered supporting of the officers determination rather than the other way around.

  9. #9
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    Default Re: Unfair Failure to Yield to Police Officer Ticket

    Quote Quoting jk
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    first, the law requires you to move over or, if not safe, to drive prudently. The problem: the law is irrelevant in this situation. The cop gave you a specific directive to move to the other lane. While you say it was unsafe to do so because there was a car there, you also say you did not slow down whatsoever so you could merge behind the other car.

    How do you know the cop wasn't directing you around something in the road or some other reason it was imperative you moved over?

    You ignored the direct and legal order of a police officer and that is an offense not taken lightly by any force across the country. You can whine all you want about being a sheeple and if that is what you believe this situation to be, then be prepared to lose your license for other acts taken simply to protest.

    Have a great life walking,.
    There was not time to slow down and merge in to the other lane. When the cop motioned, we were very close. Given the proximity, I would have had to slam on my breaks in traffic on a highway, which I was taught not to do by my behind the wheel instructor.

    I know he was not directing me around something in the road because I am not blind.

    Yes, I ignored the direct order of an officer, in order to avoid an accident. I did it not out of protest, but for safety. You're basically pulling these assumptions out of thin air. If you're not going to be reasonable, you don't have to post in this thread, you know. But of course I'm a terrible human being for not wanting to be involved in an accident and should be prosecuted to the fullest extent of the law. :P

  10. #10
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    Default Re: Unfair Failure to Yield to Police Officer Ticket

    and to your claim of ignorance of the law:

    since you have had your license only 3 months, I suspect the current version of the driver's manual available from the DMV was also in print when you got your license. Here is an excerpt from that manual:

    Yielding to Vehicles with Flashing Lights
    Drivers must take specific actions when they see vehicles
    with flashing or blinking blue, red, yellow or white lights on
    roadways.
    Stopped vehicles
     When approaching a stopped vehicle with flashing
    lights on a four lane highway, you must change to a lane
    not next to the emergency vehicle, if you can change
    lanes safely. If you are unable to safely change lanes,
    reduce your speed and proceed with caution. Violations
    can result in court suspension of your driver’s license
    and demerit points on your driving record
    so, now how do you claim a justified ignorance to the law? I guess if you want to tell the judge you did nothing to educate yourself on the driving laws of your state, I suppose he might believe you. If you do that, I would be concerned that he might think you are ignorant on many other laws of the state and want you to educate yourself a bit more before being allowed to drive again.

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