Now THAT is a BS ticket

My poor father. He got a ticket today. He was on the interstate. A cop ahead of him had somebody pulled over. My father proceeds to slow down to 55 mph and pull over into the left lane as he passes the cop.

Said cop appears in my father's rearview mirror about a minute later and pulls him over. It turns out that, in Texas, you are required to slow down to 20mph below the posted speed limit when passing a police officer who has someone stopped. :scratch: My father got written up for doing 56mph while passing the cop. In his GMC Canyon pickup. He's 56 years old. Had it been me in my Miata, I'm sure I would have wound up in jail. :shock:

Said cop needs to lay the hell off the testosterone. I can see issuing a warning or something, but a ticket? For that? My father even slowed down and changed lanes! I fear what this hopped-up cop will do when he encounters someone in a beat-up car, late at night, who happens to have the wrong skin color and maybe a little liquor on his breath... :roll:

S.

What he got a ticket for is actually on the books and is state law.

Wonder what the fine will be? Hopefully he will be able to get it deferred.

I knew there was a new law about moving over from the outside lane if a LEO has someone pulled over. This part is new to me and yes it does inhale vigorously!

Quote:

---

Originally Posted by sammm

it does inhale vigorously!

---

:lol:

Quote:

---

SB 193 requires drivers nearing stopped emergency vehicles-with lights activated -to either slow down or change lanes.

The law states a driver must either vacate the lane closest to the stopped emergency vehicle if the road has multiple lanes traveling in the same direction or slow down 20 miles per hour below the speed limit. (If the speed limit is below 25 mph the driver must slow down to 5 mph.)

Emergency vehicles include police, emergency medical service and fire vehicles.

A violation is punishable by a maximum fine of $200. If the violation results in property damage, the maximum fine increases to $500. If the violation results in bodily injury, the offense is enhanced to a Class B misdemeanor.

The new law was passed in the last regular session of the Texas Legislature and went into effect Sept. 1, 2003.

---

Quote:

---

Originally Posted by srivendel

It turns out that, in Texas, you are required to slow down to 20mph below the posted speed limit when passing a police officer who has someone stopped.

---

here is the law:

"Slow Down or Change Lanes for Stopped Emergency Vehicles
SB 193 implements new requirements for motorist
approaching stopped emergency vehicles.



SB 193 requires drivers nearing stopped emergency vehicles-with lights activated -to either slow down or change lanes.

The law states a driver must either vacate the lane closest to the stopped emergency vehicle if the road has multiple lanes traveling in the same direction or slow down 20 miles per hour below the speed limit. (If the speed limit is below 25 mph the driver must slow down to 5 mph.)

Emergency vehicles include police, emergency medical service and fire vehicles.

A violation is punishable by a maximum fine of $200. If the violation results in property damage, the maximum fine increases to $500. If the violation results in bodily injury, the offense is enhanced to a Class B misdemeanor.

The new law was passed in the last regular session of the Texas Legislature and went into effect Sept. 1, 2003.

In your fathers case I quess that you need to slow down reguardless of which lane you are in. Only once have I ever been pulled over that I not deserve it.

Paul

The fact that it's a new law, to me, makes an even stronger case that a warning should have been issued rather than a ticket. I know, he broke the law, but he at least made some gesture toward compliance. Oh well, at least now we know! :shock:

Quote:

---

Originally Posted by srivendel

The fact that it's a new law, to me, makes an even stronger case that a warning should have been issued rather than a ticket. I know, he broke the law, but he at least made some gesture toward compliance. Oh well, at least now we know! :shock:

---

I'm betting warnings don't count towards that officers quota..... Who was it? DPS or local?

I had an employee driving a company truck and he got the same ticket. He tried to get ME to pay for the ticket. I told him that I was not driving so why should I pay for it.

Quote:

---

Originally Posted by Ataim

I had an employee driving a company truck and he got the same ticket. He tried to get ME to pay for the ticket. I told him that I was not driving so why should I pay for it.

---

He actually asked you to pay it! :shock: :lol:

How much is that ticket??

Quote:

---

Originally Posted by POS Racing

Quote:

---

Originally Posted by srivendel

The fact that it's a new law, to me, makes an even stronger case that a warning should have been issued rather than a ticket. I know, he broke the law, but he at least made some gesture toward compliance. Oh well, at least now we know! :shock:

---

I'm betting warnings don't count towards that officers quota..... Who was it? DPS or local?

---

Highway Patrol, baby. Sorta like Sammm's avatar, I bet. :wink:

S.

Am I missing something? The law -- according to the renditions posted in the thread -- says you have to either (1) move into another lane, or (2) slow down to 20mph. Completely understandable safety regulation. But according to the tale that srivendel related, his father did move into another lane... and was therefore not required to slow to 20mph.

Quote:

---

Originally Posted by srivendel

"... proceeds to slow down to 55 mph and pull over into the left lane as he passes the cop..."

---

In other words, wasn't he obeying the law? If he was obeying the law, get didn't need to "get off with just a warning"... he should never have been stopped.

I guess the police officer is claiming that he did not move into the other lane. Your father's word against the PO, so you dad will lose... :?

Apparently, the cop said that he did not "fully" change lanes, hence he was required to slow down. You would think that a 9 mph speed reduction and a 75% lane evacuation would be sufficient. Turns out no.

My poor dad.

S.

It is a BS law, but they write tickets for it. Seems to be some gray area too, that the cops might not look at.

I was thinking the same thing as Kestrel, but like he said, if the cop says you didnt move over, you didnt.

Quote:

---

Originally Posted by Ataim

I had an employee driving a company truck and he got the same ticket. He tried to get ME to pay for the ticket. I told him that I was not driving so why should I pay for it.

---

[thread drift]FedEx will pay for any parking ticket I receive in a FedEx truck. This includes, Fire Lane, Handicapped, etc... I guess since we are in and out so fast they consider it a risk worth taking. We park in fire lanes all day long and I'll use handicapped if other handicap spaces are still open and that is the best place. Loading up at Kinkos, we'll park in a handicap space to be close to the door for loading.

Moving violations are a completely different matter all together. I must report ANY tickets or accidents I receive within 24 hours of having them. Even in my personal vehicle! :shock: Certain ones are obvious grounds for dismissal. DUI for example. [/thread drift]

Quote:

---

Originally Posted by Sharpie

It is a BS law...

---

I beg to differ. It's not a BS law, as it is very dangerous for those emergency workers (remember, it's not just police) to have traffic zooming past them while they are doing their jobs. What ends up being questionable is the enforcement of the law... or any law, for that matter.

If you are going 41mph down a 45mph section of Preston on a crystal clear day and a policeman pulls you over claiming you were going 90mph, you have little or no recourse (unless you have witnesses). Since the officer's word carries a ton more weight than yours, you are put in the odd position of having to prove you are innocent. And without very strong evidence in your favor, you are not likely to prevail. The exact same problem could happen with this "new" law. If a law-enforcement officer decides to falsify his/her testimony, you are going to be SOL.

I'm not a conspiracy theorist, and I fully believe that most law enforcement people are honest and do not abuse their power. But I'm a realist enough to see the danger. I don't know if that's what happened here or not, but I'm guessing the officer felt threatened in some way, and decided to make a point with your dad. It could happen to any of us... sorry it happened to your dad.

I agree on the necessity of the law... we've had too many LEOs killed in the line of duty while doing routine stops.

However, I do think that the ticket your dad got was bogus.

Look on the bright side... He can take Defensive Driving, get it off his record, AND get a nice discount on his car insurance for taking the course.

RJ

Good luck in enforcing this law on I30! If you slow down that much, you are at risk of having your rear end becoming a hood ornament!

Screw them, I'll change lanes now (as if I didn't before) and if I can't change lanes, I'll slow down. Will it be 20 mph? Well, it will be now that I can get a ticket :roll: . But if a said A$$Hole decides to pull me over on the highway :shock: , I hope he's patient as I'm waiting, until the next exit where I can pull over in a safe place. If he doesn't like it I'll see him in court! :banghead:

Last time I was pulled over was on New Years day for not having a front plate, what a waste of my Tax Dollars :evil: . I made him wait for the next exit, and I thought he was going to sh1T his pants as the next exit was almost a mile away. :P

I'm not nearly as cocky however, when I've been :chug: . But catch me sober and I'll more than make up for it. :rambo:

No problem with the law, but the way it was enforced here sounds a little fishy. How about fighting it and claiming your father was in the process of moving over as soon as he safely could?
I'd think it's worth fighting, since your dad at least tried to do the right thing.

Quote:

---

Originally Posted by TurboDuane

... next exit ...

---

Most officers are appreciative of this so long as you make it clear that you are going to pull over. A turn signal, slowing down 5-10 mph from what you were previously travelling, etc. communicate your willingness to cooperate. They generally don't want to stand on the shoulder of an Interstate any more than you want to park there.

Quote:

---

Originally Posted by TurboDuane

"Screw them...<snip>...if a said A$$Hole decides to pull me over on the highway, I hope he's patient as I'm waiting, until the next exit where I can pull over in a safe place. If he doesn't like it I'll see him in court!"

---

Welllllll... that's one way to go, I guess. But I've never found it advantageous to piss off a police officer. They can make your life a whole lot more miserable than you can make theirs.

tailchaser has the right approach in my opinion... but your experiences are undoubtedly different than mine. Ever gotten out of a ticket by being confrontational?

As a former cop who has had his driver's door taken off while exiting the cruiser during a traffic stop, I completely understand the need for the law. Moving to another lane is certainly appreciated by cops, and to me, even an attempt to move over would be sufficient, especially if speed was also reduced a bit. Sounds to me like the cop was pissed and took it out on your dad. Personally, I would fight a ticket like that, especially if I made an attempt to get over. I saw nothing that states a specified distance the driver must comply with....

Quote:

---

Originally Posted by OzCop

... even an attempt to move over would be sufficient, especially if speed was also reduced a bit. ... Personally, I would fight a ticket like that, especially if I made an attempt to get over. I saw nothing that states a specified distance the driver must comply with....

---

I agree. The attempt to move over should indicate to the officer that he is not going to get hit by that car because the driver is aware of him. That is, after all, the safe environment intended by the law.

Glad all you lost was your door, Oz!

Plus... it's a matter of perception. If the officer felt his safety was compromised, then he felt justified in writing up the percieved offense. Perhaps, later in court, cooler heads will prevail and your father will be able to demonstrate, that, yes, he was making a concerted effort to move over in accordance to the law. At least, we can hope so...

Glad all you lost was your door, Oz!
------------------------------------------

Well, we won't talk about the 18 wheeler that nailed me while directing traffic at an accident scene on the interstate... :x