nickb123

So I got a ticket today for "Failure to vacate lane - emergency vehicle". What happened is this: the cop had someone pulled over in the right lane of a two lane road (ohio), I passed him in the left lane at the speed limit, if that fast. Next thing I know Im getting pulled over. On top of that I got a speeding ticket almost three months ago, and am on driving probation until the 31st of January. I have 9 days before it is over and the speeding ticket is off my record. Is it possible to have this failure to vacate lane ticket not affect my probation? Any advice on how to handle this would be greatly appreciated, I think that I will fight it. This is all in Plano by the way.

CosmosMpower

You might have a problem since both were in Plano. That ticket sounds bogus though. I think you are supposed to drop 20 below the speed limit if you are in a lane directly next to a traffic stop. That might only be for highways though

turbosix

how the shit are you supposed to vacate a lane when there's not another one. what a prick.

Gernby

I think you'll be okay on the deferred adjudication, since I think your 90 day period will probably end before you actually plea guilty (or no contest) to the new ticket. I may be wrong about that, but I had 3 tickets on deferred adjudication at the same time a few years ago, and they just didn't seem to check. Might be a good idea to hire a traffic lawyer though.

Cosmo's right about the 20 MPH under the speed limit thing. It's a really, really dangerous law IMHO, but you must either move over to a lane 1 further away from an emergency vehicle (cop in lane 1, nobody in lane 2, then you in lane 3) OR you have to pass the emergency vehicle at 20 MPH below the posted speed limit. So it sounds like you were on a 4 lane road (2 northbound and 2 southbound lanes with a divider), and you passed just a few feet away from the cop at close to the speed limit. I believe the speed limit on Ohio is 35 MPH through Plano, so you should have passed at 15 MPH max.

The reason why I think that law is so dangerous is because there have been a couple times where I've almost caused accidents trying to obey the law. Both times were on the highway in heavy traffic that was moving at a good clip, then all of a sudden ... there's a cop on the shoulder issuing a ticket, and I slam on my brakes in an attempt to shave off 20 MPH. The cars behind me weren't as quick, so they almost rear ended me and each other. It doesn't take a genious to figure out that a fair amount of people will simply swerve onto the shoulder to avoid rear ending the person ahead, where there will be a LEO waiting to take the hit.

nickb123

Yeah I do plan on hiring a lawyer when the time comes, and the cop told me I was supposed to slow down many time. Oh, and he was the same one who had pulled me over before in nearly the same spot... same rude mentality too. Anyway good to know I should be okay with the deferred adjudication, that was my biggest concern. Thanks for the responses!

turbolane

Unfortunately, safety is _never_ a valid reason for disobeying a traffic law. In my case it was a split second decision between getting side swiped at 65mph, rear-ended by the state trouper 5' off my rear bumper or a burst of speed to avoid an accident. The judge in my case apologized for having to rule against me, but had no choice given the law.

Still, a $200 ticket and another several hundred in increased insurance rates was still cheaper than either other option... and if I'd caused an accident involving a trouper I'd probably been in jail (and, no, I don't believe that the trouper would have admitted to tailgating, nor been held responsible as any other driver would have been).

-lane

LMB2000

Agree with Gernby on all counts

Your probation will be over before you plea on the 2nd, so you should be ok

Yes, there is a 20 mph slower rule for when you can not move to the next lane

And yes, the law isstupid as it is causing major safety issues as everyone scrambles last minute to change lanes

Gernby

Not knocking your choice, but if it were me, I would have hit the brakes if that would have been the safest choice. If the cop rear ended me, he would have been required to do MUCH more than just "not admit tailgating". Cops aren't allowed to assign blame in accidents that they were involved in also. Another cop would have been required to investigate the accident and determine fault. In Texas, blame almost always goes to the person that rear-ends someone else, so both cops would have to come up with some serious BS in order to blame you for it. They also wouldn't be able to arrest you for it unless they come up with even more BS.

turbolane

The safest choice was the one I chose, a burst of speed that avoided any accident.

I'm not sure what the safest legal choice would have been, probably being rear ended by the trooper. avoiding an accident was my only concern in the split second I had... the legality of the situation never entered my mind.

-lane

nickb123

I agree with the safety issue of the law, but unfortunately that was not at all the case here. Good to hear y'all think ill be in the clear as far as my deferred adjudication is concerned that was my biggest concern.