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Old 02-11-2013, 11:31 AM
 
Location: Morrisville NC
34 posts, read 90,109 times
Reputation: 73

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My wife got a ticket for not moving over to the other lane when passing a cop on the side of the road. The law states reduce speed OR move over for stopped emergency vehicles, and she did slow to well under the speed limit - she did not move over because her exit was soon after where the officer was pulled over. I'm pretty sure if she goes to court and says this she will get out of the ticket, but is there any way out of court costs? It frustrates me that cops can throw around ridiculous charges and even if you get out of them, you still end up paying a bunch of money (court costs are $188 I believe). Is there any way to fight cops throwing around bogus charges? They are public servants and my taxes pay for them, when I screw up at work I am held accountable, is there any way of requesting officers like this guy be held accountable for wasting everybody's time and my money?
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Old 02-11-2013, 11:34 AM
 
9,680 posts, read 25,738,049 times
Reputation: 4158
If the ticket is dismissed (not guilty), no costs.

She can try fighting it.
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Old 02-11-2013, 11:36 AM
 
Location: San Antonio, TX USA
5,238 posts, read 11,765,642 times
Reputation: 8145
They are public servants, and by not moving over or slowing down to around 20 mph, she put that officers life in danger, and the ticket is well deserved.
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Old 02-11-2013, 11:37 AM
 
Location: Raleigh
8,164 posts, read 7,236,979 times
Reputation: 10075
You can beat a lot of tickets by showing up. If the officer is not there it gets dismissed. Also, if you approach him nicely before you go up to the judge he can ask for dismissal or just go on potty break when it is her turn.
"how do I know? I just do"
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Old 02-11-2013, 11:42 AM
 
Location: Raleigh
8,164 posts, read 7,236,979 times
Reputation: 10075
Quote:
Originally Posted by Me007gold View Post
They are public servants, and by not moving over or slowing down to around 20 mph, she put that officers life in danger, and the ticket is well deserved.
Right, like this?

FHP Officer Hit By Car During Traffic Stop - YouTube
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Old 02-11-2013, 11:52 AM
 
3,743 posts, read 12,441,724 times
Reputation: 2766
I always advocate fighting any traffic infraction, regardless what it is. Over 90% of traffic tickets are uncontested by citizens, so tickets are seen as a revenue stream with some people, and there are other financial ramifications to accepting a ticket out of hand, like increased insurance and dinged credit scores. Its well worth the time and effort to fight it personally or hire representation when needed.

Its impossible to really know what to say about the situation as so many details are missing, but if I were your wife, I would contest this in court, and state that I slowed down toward 40 mph when I saw the car/officer on the side of the road as I was unable to move over a lane due to traffic. If the officer is present he or she may have cooled down enough to relent once you explain yourself, assuming they even show up.

Was the officer in his/her car at the time? Was someone else pulled over that they were dealing with? Was the officer just sitting on the side of the road?

Not pulling over because your exit is coming up is not an excuse, and if that is the only reason she didn't pull over, she deserves the ticket. If she feels she slowed down enough to comply with the law, its worth contesting.
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Old 02-11-2013, 11:57 AM
 
170 posts, read 342,798 times
Reputation: 165
Quote:
Originally Posted by Me007gold View Post
They are public servants, and by not moving over or slowing down to around 20 mph, she put that officers life in danger, and the ticket is well deserved.

because we all know cops never do anything wrong. I did an internet search of officer misconduct and not one article appeared. I dont know where people get off.
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Old 02-11-2013, 12:08 PM
 
564 posts, read 816,385 times
Reputation: 683
Quote:
Originally Posted by Me007gold View Post
They are public servants, and by not moving over or slowing down to around 20 mph, she put that officers life in danger, and the ticket is well deserved.
I agree 100%. The least we can do is move over. It is a slight inconvenience to slow down and move over in return of greater safety of ANYONE who is on the side of the road (police officer, construction crew, tire-changer, etc.).
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Old 02-11-2013, 12:21 PM
 
Location: Cary, NC
3,721 posts, read 4,981,214 times
Reputation: 4047
Quote:
Originally Posted by LobsterOfJustice View Post
The law states reduce speed OR move over for stopped emergency vehicles, and she did slow to well under the speed limit - she did not move over because her exit was soon after where the officer was pulled over.
Actually, the law says that you must move over if you can do so safely. If you can not move over safely, only then is it permissible to meet the law by staying in your lane and slowing down.

Quote:
When an authorized emergency vehicle as described in subsection (a) of this section or any public service vehicle is parked or standing within 12 feet of a roadway and is giving a warning signal by appropriate light, the driver of every other approaching vehicle shall, as soon as it is safe and when not otherwise directed by an individual lawfully directing traffic, do one of the following:

(1) Move the vehicle into a lane that is not the lane nearest the parked or standing authorized emergency vehicle or public service vehicle and continue traveling in that lane until safely clear of the authorized emergency vehicle. This paragraph applies only if the roadway has at least two lanes for traffic proceeding in the direction of the approaching vehicle and if the approaching vehicle may change lanes safely and without interfering with any vehicular traffic.

(2) Slow the vehicle, maintaining a safe speed for traffic conditions, and operate the vehicle at a reduced speed and be prepared to stop until completely past the authorized emergency vehicle or public service vehicle. This paragraph applies only if the roadway has only one lane for traffic proceeding in the direction of the approaching vehicle or if the approaching vehicle may not change lanes safely and without interfering with any vehicular traffic.
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Old 02-11-2013, 12:50 PM
 
2,268 posts, read 1,703,705 times
Reputation: 2544
Yeah- sounds like "my exit was just past the cop" is not a very good excuse. If that is your reasoning then you better add "could not have safely still made the exit had I changed lanes". Otherwise you've got a loser. Go and explain your facts to the DA. They will most likely want to talk to the cop before offering a plea. Bring your driving record. This will most likely take more than one court appearance.
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