Getting out of a ticket

[FishnMan]

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

[marin8703]

I got nothing that can help you out, but that sucks and good luck.

[dеiтайожни]

You were supposed to show some leg BEFORE the ticket was written, you're screwed now.

Ok, I kid I kid. Seems like an easy ticket to fight, I think you got it covered.

[Michael1]

I would go to court, and NOT mention anything about the mistake on the citation prior to your court date. The officer CAN correct the citation after the fact. However, if it goes to court with the mistake, you may get it thrown out (it worked for me once). You might even play stupid, and say, "I don't know what I am defending myself against, since there was conflicting information on my ticket."

If you have any lawyer friends, they may be able to work out the best strategy.

Michael

[evldave]

Call the state AG and have the cop fired for incompetence!

Seriously, though, I think nearly all states have that law (Washington does, somewhere hidden in the regulations). You've got everything lined up, I'm sure you will at a minimum get a discount. Emphasize your spotless driving record most of all.

And where were you in Alaska there was a 4 lane highway? That's only Anchorage up to like the Mat-Su valley, right?

[Wisha Haddan H3]

Sorry to hear that fishnman. I'm sure they'll say ignorance of the law is no excuse, but that's a lot of BS.

Going to traffic court in Denver is usually a loss because you give up your automatic plea bargain (lower fine and fewer points for paying early by mail). Unless you just have to show proof of insurance or something, the only way to win is if the officer made a mistake in procedure.

So imo, your officer citing the wrong statute on the ticket is a HUGE plus.

[Mike E]

Originally Posted by Michael1

I would go to court, and NOT mention anything about the mistake on the citation prior to your court date. The officer CAN correct the citation after the fact. However, if it goes to court with the mistake, you may get it thrown out (it worked for me once). You might even play stupid, and say, "I don't know what I am defending myself against, since there was conflicting information on my ticket."

If you have any lawyer friends, they may be able to work out the best strategy.

Michael

^^What he says. Mistakes on tickets will get it thrown out but don't bring it up until you get to court and play the confused route.

[f5fstop]

1. Will not always work for the same reason you stated under your explanation of your job. Do you know every reg number issued by the government? No, and the officer doesn't either. However, that does not mean you don't know something is illegal, and the same goes for the officer.
2. Will sometimes work the best. Some states such as TN will allow you to attend a half-day driver's ed class, and then the ticket is voided if no other moving violation is obtained in six months. In MI, usually the judge will dismiss with the same caveat as above in regard to another citation in six months.
3. No, ignorance is no excuse, and that is a fact, an any Judge I ever knew or met, hated people saying, "I didn't know that was illegal."

Most states have that law (might be all). I believe when I lived in TN, and they instituted that law two or three years ago, it was stated in the paper that by the end of that year, every state would have that law.

It has never affected me, since I have always pulled into another lane, if possible. If not possible, I slow way down just out of courtesy to the officer out there on the road. (Laws usually say you have to change lane or if that is not possible due to safety, or it is a two-lane hwy, you must slow down considerably.)

Just to let you know, these laws also pertain to any emergency vehicle, including tow trucks with their flashers On.

I would go with Option 2 and stress you thought you had slowed down to a speed that did not put the officer in jeopardy. (And hope the Judge got lucky the night before and is in a good mood.)

[Craig]

1. Your first idea has the greatest potential of getting you out of the ticket. Just make sure you know you are right before you try to argue it and have a back-up plan incase it doesn?t.

2. The only way your second idea will work for you is if you go with the deferred disposition or defensive driving. Other than that, having a ?near spotless? driving record won?t get you anywhere. Don?t even mention the word ?warning? because if warnings were only issued the courthouse wouldn?t be in business.

3. Don?t even try this one! True true true?.ignorance of the law is no excuse in all traffic laws. It?s an excuse they hear too much so I wouldn?t advise even mentioning it.


The law does sound like a chicken sh*t one. HOWEVER, it is a very important law that should be followed by everyone. It is more of a common sense thing than anything else. It should be a common courtesy no matter who is pulled over on the side of the road (cop, stranded motorist, construction crew?etc). As long as your head is anywhere but up your a*s, you should be able to move over long before you get to them.
It?s hard to understand the true value of this law unless you are on the side of the road with potentially deadly machines flying by you.

[deserth3]

No help here.

Utah law states 10 mph under or move over. Started a couple of years ago and made a big deal of it so it was hard not to know about it. But at least a few times a year you hear about an officer being hit or almost hit. Usualy the news will show the video from the police car cam.
Good Luck.

[Grape Ape]

In Michigan we have a similar law that was passed about 3 years ago. Too many police officers, firemen and EMT's have been getting creamed on the freeways.
In 14 years in I have never seen a citation dismissed because the statute number was wrong. The officier in court will testify to the offense written on the citation and the circumstances, not the statute number.
Good luck on claiming ignorance of the law....never saw that one work either.
I dont know about AK, but in Michigan a lot of courts will let you plead to a non reportable to driving record/no points charge if you have a good driving record. This stops you from getting raped later by your insurance company.
I am not sure about the AK drivers manual but the Michigan Motor vehicle code book is about 300 pages thick and has amendments all the time.
My advice is to see if you can work out a deal with either the officer or the prosecutor before you go into the courtroom.

Good luck on this one.

S.

[DarthKarl]

Damn shame Walc doesn't post anymore

[BABHUMV]

Here is a trick I learned. When and if the fine finalizes, overpay it by 5 dollars. When they send you a refund, do not cash the refund check. Therefore the item never clears their books and the ticket does not get recorded.

I tried it in CA once, still haven't seen the ticket on my record .

Good luck, sounds like the cop was just having a bad day.

[f5fstop]

Originally Posted by BABHUMV

Here is a trick I learned. When and if the fine finalizes, overpay it by 5 dollars. When they send you a refund, do not cash the refund check. Therefore the item never clears their books and the ticket does not get recorded.

I tried it in CA once, still haven't seen the ticket on my record .

Good luck, sounds like the cop was just having a bad day.

Had a friend try that for a ticket in KY: didn't work.

[PARAGON]

Here's a trick I learned.

F'ing pull over. It's coming sense. Not just for emergency vehicles but trucks, cars that a broken down, what ever. It kills me watching people drive 55 MPH right by 5 or 6 feet away from a car stopped on the side of the road w/o regard for the person changing the tire or the fact the LEO might have to take off running.

On a 4 lane interstate, I pull over, even if that means speeding up or slowing down to merge into the traffic.

[Dirtdog74H1]

I'm impressed fishnman with your thread. All you have to do is put that much effort and time into your court hearing as you did writing that thread!
The long and short of it is that your only recourse now is to take a hearing, plead not guilty; the judge may reduce it or the officer may give you a break. I always amend my tickets at district court. 2, if you know any officers in your area or any relatives that are cops, have them call this jerk off and ask a favor. I honor phone calls all the time from other officers. Its good that you caught the incorrect section cited. I wouldn't go in to court with all your marbles hanging on the couple things your made reference to.

Your best bet is to ask nicely for a break from the officer or judge. Don't play hard ball with insufficiant facts. When you sign for you operatos license from the DMV, you are implying that you understand and will follow all the laws of the commonwealth. I know its bull****, but thats how the courts will look at it.
Good luck
Bret
PA

[thedieter]

I looked in the California Driver Manual and couldn't find anything about changing lanes while going past stopped cars, etc. It may be a good idea but with the traffic around here, it could be more dangerous to change lanes.

It did mention double fines in construction zones.

This is a new one on me (changing lanes).

Best regards, Happy Jack

[HummerNewbie]

I have no idea if it a law down here or not but I have always pull over at least one lane when passing an emergency or disabled vehicle when possible. If changing lanes is not possible I slow down.

[Bully13]

Originally Posted by PARAGON

Here's a trick I learned.

F'ing pull over. It's coming sense. Not just for emergency vehicles but trucks, cars that a broken down, what ever. It kills me watching people drive 55 MPH right by 5 or 6 feet away from a car stopped on the side of the road w/o regard for the person changing the tire or the fact the LEO might have to take off running.

On a 4 lane interstate, I pull over, even if that means speeding up or slowing down to merge into the traffic.

dayum... Kick the man while he's down

Truth be had though most of us don't think about that stuff (including me). It's nice to see a Hummer driver actully set a good example rather than be a total jackass like the Hummer mall rats that are everywhere.

Fishn, hope you are able get out of yer ticket. Keep us posted though. No ones perfect.