islewanderer
New Member
How do you contest and win?
I received a citation under RCW 46.61.212 Failure to Yield to Stationary Emergency Vehicle in April 11am on a Thursday, s/b on I-5, 3+lane hwy. Officer states unmarked Snohomish County Sheriff's vehicle equipped with emergency lights & Siren. On traffic stop with emergency lights & flashing lights DEF didn't merge over to open lane as required by RCW. Officer further states "the lane next to DEF was open & there was no reason for DEF to not move to the empty/open lane. Roadway is 3 lanes NB & SB. emergency vehicle was on the outside shoulder & I was walking outside of my vehicle."
RCW 46.61.212 states that... (ii) On a highway having less than four lanes, proceed with caution, reduce the speed of the vehicle, and, if reasonable, with due regard for safety and traffic conditions, and under the rules of this chapter, yield the right-of-way by passing to the left at a safe distance and simultaneously yield the right-of-way to all vehicles traveling in the proper direction upon the highway; or
(iii) If changing lanes or moving away would be unreasonable or unsafe, proceed with due caution and reduce the speed of the vehicle.
Officer incorrectly listed vehicle as 2007 Ford Econoline E150, which is a full-size regular Ford 1/2 ton van.
Vehicle is actually a commercial 08 Ford LCF 2 ton panel truck. You could almost put a Ford van INSIDE my truck.
The problem I have is that from the right shoulder of the road, there is no way the officer could see what was on the far side of my truck. And, in fact, because I was slowing down as approaching the emergency vehicle, traffic was pulling around and past me in the left lane. There was no way I could move over. And because of the size of my vehicle, the officer could not tell the lane was empty, regardless of what he said.
What is not listed is that it was pissing down rain, and he got splashed by my truck becaue he did not wait for me to pass, before he started walking back to his vehicle, from is traffic stop. Nothing I could do about the rain, or water on the roadway. But there is no way I could move over.
So, how do I fight and win?
I received a citation under RCW 46.61.212 Failure to Yield to Stationary Emergency Vehicle in April 11am on a Thursday, s/b on I-5, 3+lane hwy. Officer states unmarked Snohomish County Sheriff's vehicle equipped with emergency lights & Siren. On traffic stop with emergency lights & flashing lights DEF didn't merge over to open lane as required by RCW. Officer further states "the lane next to DEF was open & there was no reason for DEF to not move to the empty/open lane. Roadway is 3 lanes NB & SB. emergency vehicle was on the outside shoulder & I was walking outside of my vehicle."
RCW 46.61.212 states that... (ii) On a highway having less than four lanes, proceed with caution, reduce the speed of the vehicle, and, if reasonable, with due regard for safety and traffic conditions, and under the rules of this chapter, yield the right-of-way by passing to the left at a safe distance and simultaneously yield the right-of-way to all vehicles traveling in the proper direction upon the highway; or
(iii) If changing lanes or moving away would be unreasonable or unsafe, proceed with due caution and reduce the speed of the vehicle.
Officer incorrectly listed vehicle as 2007 Ford Econoline E150, which is a full-size regular Ford 1/2 ton van.
Vehicle is actually a commercial 08 Ford LCF 2 ton panel truck. You could almost put a Ford van INSIDE my truck.
The problem I have is that from the right shoulder of the road, there is no way the officer could see what was on the far side of my truck. And, in fact, because I was slowing down as approaching the emergency vehicle, traffic was pulling around and past me in the left lane. There was no way I could move over. And because of the size of my vehicle, the officer could not tell the lane was empty, regardless of what he said.
What is not listed is that it was pissing down rain, and he got splashed by my truck becaue he did not wait for me to pass, before he started walking back to his vehicle, from is traffic stop. Nothing I could do about the rain, or water on the roadway. But there is no way I could move over.
So, how do I fight and win?
