WTF? How should I fight this?

[Machdup1]

I get that, I just feel it's much more safe to pull off the road if you can. Like I said, I went a couple hundred feet with my hazards on, it's not like I was blatantly ignoring him.

Is a couple hundred feet more stopping immediately? Is that new math or something?

 

[qtrain]

I think you erased the part where I wrote "Stop Immediately" as the first part of that series of instructions. Are you still uncomfortable with that simple instruction?

I did and I understand what you are saying. You can stop now. I don't need to explain myself further because we are just repeating ourselves now.

Ticket already happened, not looking for advice on how to avoid it. You guys can stop arguing just to argue.

What is my best way to approach the situation now?

 

[swt99svt]

Ignore the DBs replying. Everyone seems to have a chip on their shoulder. You didn't elude. You have two options: speak to the DA prior to the court date and see if a plea can be worked out or seek an atty prior to your first court date. Personally, I'd reach out to the DA first because at your first hearing you can plea not guilty if a plea is not met. If it is met you save $$$ and if not you have time to retain an atty.

 

[Machdup1]

I did and I understand what you are saying. You can stop now. I don't need to explain myself further because we are just repeating ourselves now.

Ticket already happened, not looking for advice on how to avoid it. You guys can stop arguing just to argue.

What is my best way to approach the situation now?

1. Hire an expensive attorney
2. Call the prosequtor and ask for mercy.
3. Represent yourself with the "the officer exercised poor judgement and pulled me over in an unsafe place" defense.
4. Pay the ticket

 

[qtrain]

Ignore the DBs replying. Everyone seems to have a chip on their shoulder. You didn't elude. You have two options: speak to the DA prior to the court date and see if a plea can be worked out or seek an atty prior to your first court date. Personally, I'd reach out to the DA first because at your first hearing you can plea not guilty if a plea is not met. If it is met you save $$$ and if not you have time to retain an atty.

Thanks, I don't get why it's so hard for people here to offer help vs talk shit.

 

[w3bb3r04]

Vette owner on a mustang forum. We know who the troll is here

 

[RDJ]

When the officer turned on his lights he/she had selected the spot for you to stop. You decided to ignore the officer's lawful instruction to stop immediately. By exercising poor decision making you earned an additional charge that you should pay an attorney to handle this matter.

Here is how your could have beat this ticket. Try this retarded method: Stop immediately, roll down your window, turn the car off, place the keys on the dashboard, set the emergency brake, put both hands on the top of the steering wheel, wait for the officer to approach, speak to the officer in a civil and professional manner and comply with all lawful instructions.

You'll also find that being honest works wonders with LEO's.

this is horseshit. if there was no shoulder he had every right to go down the road a short distance to where he felt it safer to pull over. Cops here have said the same thing more than once. they have had it all over the T.V. to turn your flashers on and pull into a parking lot.

and as far as taking your keys out of the ignition lights on etc etc. that, while an option, doesn't get you anything good or bad. frankly I have NEVER done that when pulled over.

OP: I am NOT a lawyer but what I would do if in your shoes is go back to that exact spot, take pictures of the shoulder, then measure the exact distance to the parking lot and take pictures of that. Then go to court and tell the judge your side of things and present the pictures and data. Be prepared to pay the fines for the lesser stuff but if your story is true about the shoulders you should be able to get that one dismissed.

The other thing you will want to do is see what the PD website and the DMV website says about pulling over when there is no shoulder. Check the traffic laws as well.

So you admit failing to comply with a lawful instruction or did you not comprehend that a lawful instruction had been given?

Are you going to use the "comfort level" as your defense to the charge in court? Do you feel that is a winning strategy? An attorney might refer to that defense as retarded.

Either way, you will need an expensive attorney to dispute this charge. You'll find that not complying with lawful orders gets expensive.

See my previous post for instruction on how to avoid this ticket in the future.

again this is mostly horseshit.

 

[RDJ]

Here is a little more info:

From the Washington State Police website:
What To Expect If You Are Stopped - Washington State Patrol

As soon as you notice the emergency lights, pull your vehicle safely over to the right and stop when it is safe.

Safe being a subjective term so an argument can be made that he did exactly what the Washington State Police recommend on their website.

From a Washington Lawyers Website: First Steps When the Police Pull You Over : Washington Traffic Law Blog

If you are in a place where it is very unsafe to pull over, traveling to the next exit and pulling over when it is safe to do so is not a bad idea. Most officers would probably agree that it is reasonable for you to travel a short distance in order for you to safely pull over.

you will notice that they both say to pull over if it is safe and to travel a short distance if it is not.

Another thing I would ask the officer is if he flipped his lights on for you or if he was responding to another call.

if his answer is "I was pulling YOU over" then you (without being a smart ass) could say " then I did not fail to yield to you because I was not required to yield to you I was required to STOP for you in a safe manner and that is what I did"

again I am NOT a lawyer but this is what I would do if I were in your shoes. You might want to discuss it with a lawyer and then decide if you want to go without one or hire one. Personally I wouldn't hire one but that is just me.

 

[Machdup1]

Here is a little more info:

From the Washington State Police website:
What To Expect If You Are Stopped - Washington State Patrol

As soon as you notice the emergency lights, pull your vehicle safely over to the right and stop when it is safe.

Safe being a subjective term so an argument can be made that he did exactly what the Washington State Police recommend on their website.

From a Washington Lawyers Website: First Steps When the Police Pull You Over : Washington Traffic Law Blog

If you are in a place where it is very unsafe to pull over, traveling to the next exit and pulling over when it is safe to do so is not a bad idea. Most officers would probably agree that it is reasonable for you to travel a short distance in order for you to safely pull over.

you will notice that they both say to pull over if it is safe and to travel a short distance if it is not.

Another thing I would ask the officer is if he flipped his lights on for you or if he was responding to another call.

if his answer is "I was pulling YOU over" then you (without being a smart ass) could say " then I did not fail to yield to you because I was not required to yield to you I was required to STOP for you in a safe manner and that is what I did"

again I am NOT a lawyer but this is what I would do if I were in your shoes. You might want to discuss it with a lawyer and then decide if you want to go without one or hire one. Personally I wouldn't hire one but that is just me.

I believe that refers to unmarked patrol cars.

I believe that if a marked patrol car uses it lights and sirens you are to immediately pull over per the WA law under which he is charged. The law puts the duty on the officer to ensure that the spot choosen is safe. Please read the law before responding.

Maybe a WA LEO or Attorney will clime in and let us know who is right.

 

[qtrain]

I'll be sure to let you know what the judge says

 

[RDJ]

I believe that refers to unmarked patrol cars.

I believe that if a marked patrol car uses it lights and sirens you are to immediately pull over per the WA law under which he is charged. The law puts the duty on the officer to ensure that the spot choosen is safe. Please read the law before responding.

Maybe a WA LEO or Attorney will clime in and let us know who is right.

what do you base your belief on? nothing on either website says "unmarked cars" they say emergency lights with no further qualification.

Realizing that Texas is a long way from Washington so this may or may not hold true. I was stopped not too long ago and asked the DPS officer this very question because I pulled ahead to where there was a much larger shoulder than where he flipped his lights on (probably a quarter mile). His response was "that as long as you don't go very far I don't have a problem with it at all" I then told him I considered going through the toll booth and pulling into the shopping center at the bottom of the hill but thought the spot I chose was good enough. He said that I would have been fine doing that but going through the light another 30 yards past I would have had an issue.

 

[Outlaw99]

At this point, your best option is to tell it to a judge. Only this time, exercise better judgement.

sent using G'Zone Commando

 

[STAMPEDE3]

Donut Shop (15 Viewing)
Get a ticket? Have a question about the law? This is the place. Sit down and have a sprinkled one.

Thanks retard

I'm asking about who's done what in similar situations. I obviously not going to be citing SVTP while I'm contesting it. Please take your condescending bullshit elsewhere, it's not needed here.

However, your thread title and the end of your first post ask directly "How to fight this"
That is not what the section is intended for and surely NOT how your question should be worded.

Also since you want to quote rules/guidlines,

"This is a forum for information regarding law enforcement, traffic laws, current events in law enforcement, and a place for the boys in blue to hang out. This is NOT the place to flame cops or complain about the ticket you got.:nono: If you have questions feel free to ask.:thumbsup: This forum is moderated by L.E.O.'s. (Law Enforcement Officers).

"Some jerk cop gave me a ticket for no reason" threads, "Cops are pricks because...." and the like are not welcome.

Flaming, Derogatory Comments and/or Flippant Remarks about L.E.O.s and/or L.E. is NOT permitted. If you can NOT post constructively then do NOT post at all!If you have to add the comment "No Offense" or anything of a similar meaning, then you need to edit your post or not post at all!

Thank you,

Hillie and FordSVTFan."

Now lets have a look at your OP,

Last night I was changing out my pulleys because I've had some squeaking going on. Once I got them changed I took my car for a drive around the block to check the squeaking. Along the way I got pulled over. I have SLP LM1s and my tune is a little off causing my rpms to be a little high so I got pulled over for having a modified exhaust. That was irritating but I can understand that part. Here's where it gets ****ed up. Where the cop flipped on his lights was a bust two lane road with no shoulder. I slowed down threw on my blinker early to let him know I was pulling off of the road (drove maybe 400ft) and turned into a parking lot to stop. The cop (Officer Thor) came to my car acting like a major dick head and started yelling at me for not pulling over immediately. I told him I didnt feel comfortable stopping on the road for both my safety and his. He told me that is not my decision to make and wrote me a $1200 ticket for failing to yeild to an emergency vehicle. WTF, what is the best way to fight this?

I would suggest you proceed without the name calling.

 

[jbs$]

Lawyer up, then keep your mouth shut - you do not have a small time ticket. Good luck. This is not charge to be your on lawyer on - too many pit fall for you when you lose.

 

[Machdup1]

what do you base your belief on? nothing on either website says "unmarked cars" they say emergency lights with no further qualification.

I base my opinion on my reading of the law. As I suggested, you may want to read the WA law before responding. The word immediately is used specifically. The method of the stop is called out specifically.

The OP was correctly cited. What you have pointed to as intrepreation of the law is, i believe, total and utter misinformation that should not be repeated. You do not get to choose when to pull over. The officer gets to decide.

 

[RDJ]

I base my opinion on my reading of the law. As I suggested, you may want to read the WA law before responding. The word immediately is used specifically. The method of the stop is called out specifically.

The OP was correctly cited. What you have pointed to as intrepreation of the law is, i believe, total and utter misinformation that should not be repeated. You do not get to choose when to pull over. The officer gets to decide.

ok so post a link and since you claim to be the expert on this perhaps you should call the washington state police and tell them their website is wrong.

 

[neatofrito1618]

ok so post a link and since you claim to be the expert on this perhaps you should call the washington state police and tell them their website is wrong.

Arguing him is a waste of time. He's only about 2 and a half clicks above Yellow Horse in the intellectual department.

 

[qtrain]

However, your thread title and the end of your first post ask directly "How to fight this"
That is not what the section is intended for and surely NOT how your question should be worded.

Also since you want to quote rules/guidlines,





Now lets have a look at your OP,




I would suggest you proceed without the name calling.

You really think I'd plead my case by calling the officer a dickhead? I'm not that dumb, that was venting.

 

[RDJ]

You really think I'd plead my case by calling the officer a dickhead? Your dumb, that was venting.

enjoy your svtp sponsored vacation. arguing with a mod after not comprehending what they wrote will not end well for you

 

[qtrain]

enjoy your svtp sponsored vacation. arguing with a mod after not comprehending what they wrote will not end well for you

Yes, I changed my post. Poor choice of words.