Today was my arraignment for speeding 78 in 65, hyperwhite turn signals and reverse bulbs and for yielding to the left instead of right.. I have to take traffic school for speeding, i got off the bulbs by replacing them with legal ones and i plead not guilty to the pulling over one and have a trial set now. Here is the law i am accused of breaking during a normal traffic stop.

http://www.azleg.state.az.us/ars/28/00775.htm

The thing is he never used his sirens, horns or bells etc...
Think i have a case?


Adam

 

Just kidding Adam.

So, you got pulled over, but instead of pulling to the right-hand shoulder, you went left?

What the heck does your offense have to do with a "fire apparatus"? Statue 28-775 seems to be describing you not giving right of way to an ambulance/firetruck not a police car.

Am I missing something? More details please.

 

The thing is he never used his sirens, horns or bells etc...
Think i have a case?


Just my thoughts, but everytime I've been pulled over, the cop would pull up right behind me and turn his lights on. Sirens, horns, or bells would be necessary only if the person ignored the lights and didn't stop. I don't know what the law is in Texas though.

 

Thats exactly what happened. I was in the left lane already so i pulled to the left emergency lane. So he cited me with that staute... does it even apply???


Adam

 

From the way you described what happened to you, the code section/ordinance does not even apply to the situation. I'd contest this one for sure. He could/should cite you for your actual violations and not that Mickey Mouse BS he's trying to pull. Make sure to have that ordinance 28-775 printed out and write on the actual printout the descrepencies you have with it. Make sure to include all the details you can (the officer probably has it on video). If you have someone that is an attorney or even a judge, get them to explain the ordinance to you. Have them document that too

 

Yes, it does. I just found the definition of "Authorized Emergency Vehicle" includes police cars. I'm not sure about the lights vs. sirens/whistle question though.

What did you do to **** him off? He seems to have tried to "throw" the book at ya.

 

who knows.. it was in scottsdale so u know.......... i got a ticket a week later for the same bulb thing so i finnaly changed em... i hate scottsdale..

 

I would have to disagree with you sir. Scottsdale kicks a s s! I think you mean you hate the local police in Scottsdale.

 

Sounds to me like the "officer being a *****" clause should come into play. Couldn't he just give you a warning? Most people see lights and just want to get out of the way or make it as easy as possible for the officer. Sounds to me like he didn't like you very much.

 

You got a ticket for having too bright turn signals, or white lens instead of yellow ones??

You must not have AZ plates on yoru car. Scottsdale loves tourists and snowbirds: They support their local sheriff (with ticket money).
I got one there 22 years ago in my 67 Cougar. My headlight covers did not fold up right away when I pulled away from curb, just as a cop drove by. He turned around and gave me a ticket for driving with lights off. I explained it to the judge, and got ticket tossed.
I w

 

You got a ticket for having too bright turn signals, or white lens instead of yellow ones??

You must not have AZ plates on your car. Scottsdale loves tourists and snowbirds: They support their local sheriff (with ticket money).
I got one there 22 years ago in my 67 Cougar. My headlight covers did not fold up right away when I pulled away from curb, just as a cop drove by. He turned around and gave me a ticket for driving with lights off. I explained it to the judge, and got ticket tossed.

 

Either try to plea bargain the ticket to a non-moving violation with the Prosecuting Attorney's office or get a lawyer. Not only can the cop screw you over, but the judge can do even a better job on you. I contested an illegal lane change once, caught the cop lying under oath, and I was still found guilty as the Pros. Atty. petitioned the court to change the violation to one that coincided with the cops story. Long story short, kangaroo cop and court. Get an attorney. By the way I am not an attorney looking for work.

 

I agree with dave, do get a lawyer.

I think they will try to get you on the second point, driving to a position parallel to and as close as possible to the right-hand edge or curb of the roadway Somehow, you'll have to successfuly argue that the left shoulder was "as close as possible to the right" and you may not be able without an attorney.

Every time I've been pulled over (knock on wood), I've made it a point to go all the way to the right. I just don't trust the *****. My friend even pulled to the right and got a ticket for "illegal lane use" since he didn't use his signal...

 

If you fight a ticket, all you can do is pray the cop does not show. They can lie all day long, and get away with it.

But, if you pulled to the left, you are screwed, unless you had no other choice of where to pull over. The law says to pull over to the right as soon as is is safely possible. Which menas you should have driven a mile before pulling over to the right if you had to.

Reason for law:

If you pull to the left when lights are flashing behind you, and the cop (or other emergency vehicle) is just trying to pass you, not pull you over, and they expect you to turn to right, you could cause a wreck. Especially of a 2nd emergency vehicle is coming up fast from behind.

 

You can always say that there was too much traffic in the right lanes and you didn't feel that it was safe to move across three lanes....ESPECIALLY with a cop riding your **** blocking your rear field of view.

You've got this one made. Don't even get a lawyer. Just show up and you will win it, especially if you go to traffic school for the ticket.

 

I'd contest it. The statute seems to apply to YIELDING to an emergency vehicle, meaning you give way to them so they can get by, it doesn't say a damn thing about being pulled over for a traffic violation. I would think drivers are simply expected to use good judgement about where to pull off to.

The cop was definitely trying to get you for everything. Were you nasty towards him or was this just one of those cops making up for his lack of a *****?

 

I think it was the latter... im super nice when ever i address cops, judges, etc.... dont know what his problem was... Im not worried about it though it should get thrown out and if not its only 190 buck fine...

Adam

 

Hey try to fight it, but worst comes to worst $190 and its over. Or u can take traffic school like u said. Not tryin to rub **** it but about 2 yrs ago (no it wasnt in scottsdale) I pulled yeilded to the left...on the freeway When the cop came to my window he said i almost hid a motorcycle and was goin 91 in a 55 (I wasnt about to argue I was goin 115 at one point!) I pulled to the left because there was alot of traffic, and i didnt want him to think i was tryin to bail out, plus we had some *cough* dank *cough* on us so i was trippin. By the time he walked up to the car we emptied a bottle of air freshner in the car to cover up but i think all that pine fresh that came out the window made them kind of curious. But he still didnt give me a ticket, they had me on the side of the road of a good 30 min and they let me go

 

If you have to take traffic school.. do the online school at http://idrivesafely.com/.

They make you take 4 hours to take the test by making you wait at each screen you are supposed to read for like 3 minutes. I simply moved my computer clock ahead 3 minutes at each screen to trick it. I completed the whole test in like 35 minutes!

 

Wow - the guy hadda be kind of an a**wipe to actually pull that one. I was pulled over a week ago, and actually pulled into the left lane, then into a parking lot (hate it when the cop blocks a lane) and he didn't say a word.

I would go with the "I wanted to stop as quickly and safely as possible, and since I was in the left lane". The judge would ALSO have to be an a**wipe to go after you on that one (although bad judges undoubtedly exist).

 

Yup! I got pulled over today... Said i was going 78 in a 55... BS i say because i saw all the signs in front of me while driving on the highway... All the traffic in front of me started to brake... I thought okay only two things ,,, one- an accident,,, two- a speed trap... anyways it was a speed trap, but i was doing well underneath the speed limit by the time they could even hit me with that tiny little laser... I talked to my cuz who works for the force and he told me he'll take care of it, he knows some people..
one more thing,,, there was a semi-truck and eclipse in front of me, i was the last one... the semi-truck slammed on his brakes well ahead of the speed trap, someone must have dispatched him on his radio...

Oh well, they wanted someone to get a ticket, "we might as well give it to this dark gray, black tinted, Maxima... Looks fast...!!!

 

Here's a novel idea:

#1 Continue to prepare yourself to fight the case ,if neccessary, in court by doing all of the things you're doing now (studying the law, talking to an attorney, etc...).

#2 THEN... on the day of court, see if you can find the Officer before court, tell him that you're sorry for pulling to the left instead of to the right, and explain to him that, at the time, you simply felt that it was safer for you to do so. Explain to him that you've found the law regarding yielding to emergency vehicles and that you're now very familiar with the law, and assure him that it won't happen again. Then, ASK him if he would consider dismissing the citation. Ya never know... he might just do it.

#3 If it doesn't work... see #1!!!

Seriously... everyone seems to be giving the cop a hard time, but it looks to me like he cited you for the things that you did illegally, and nothing more. Granted, he COULD have given you a break on some things, but everyone here acts like he should be EXPECTED to. By what you've posted here, it looks to me like you're on the right track about how to handle this.

At least you weren't "...goin 115..." while "trippin" on some "*cough* dank *cough*", like our buddy HitManSE!!!

 

For every ticket you get, you deserve 50 more.

 

Attorney?

http://lcf.digitalrice.com

 

All good points, so good luck with this one Adam. BTW I never said I was messed up while I was driving, just had some dank in the car which wasnt even mine, it was the moron that was sitting next to me. Driving 100+ in traffic is just careless and dumb but u really got to be to do it while on dank. Her im not gonna lie ive had my fun but its been a good 4yrs since the last time.

 

Just pullin' your chain bro'. Hope he updates us when he goes to court.

 

court date is march 5th.. ill let everyone know how it goes...


Adam