Ok, here's what happened. Going down the highway, I see a pickup pulled over in breakdown lane by two cop cars, lights flashing. I slow down and proceed by (in right lane). Seconds later I see lights flashing behind me and I get pulled over. The cop asks "Do you know why I pulled you over?" Of course, I did not know. He says "you did not pull into the far (left lane) when passing an emergency vehicle "parked" on the side of the road". He said I had plenty of room to change lanes and that I came close to hitting his partner who was out of the vehicle. Well I might have had room to change lanes, but I slowed down and was no way even close to hitting the officer (total BS). So, I get a ticket, no warning ($160...ouch). I am almost 50 y/o and have had only one traffic ticket since getting my licence as a teen...so much for getting a break! Maybe it's because he's never seen an H3 up close!! Anyway, the ticket cited an obscure Alaska Statute # 28.35.185 "Over taking and passing a parked Emergency Vehicle". Hmmm, if i was already in motion, short of stopping on a highway in the middle of traffic, how could I not overtake and pass a vehicle that was pulled off on the side of the road? Doesn't seem to be a very clear citation. Also, the ticket shows the cop wrote a .182, not a .185, which is a totally different offense (failure to stop at direction of peace officer) which was obviously not the issue. Of course, I was VERY polite and just bit my tongue at all of this as I watched the cops daisy chain all the way down the highway, citing vehicle after vehcle. Seems I was not the only one oblivious to this rule! So, I plan on fighting this and here's my defense (not in any particular order):
1. Incorrectly filled out ticket, wrong statute listed for the offense stated.
2. Near spotless 30 plus years driving record...a warning would have sufficed and not affected my ability now to provide for my family
3. This offense is not listed in the Alaska Sate driver training manual (only the rule regarding pulling over and allowing emergency vehicles to pass is).
Are we required to know every State statute? I am a safety compliance officer and there is no way I, or anyone, can ever memorize
ALL OSHA, EPA, NFPA, etc regs, we reference, so why must an "everyday" driver know every obscure rule of the road? I believe the State drivers manual should be our bible as that is what our potential drivers are tested on. The manual does not state that we should read and memorize the state statutes as part of being a licensed driver!
Ok, so what am I missing? Any suggestions of how I can fight this ticket?
Thanks all