Passing a cop with his lights on?

[kay19mac]

Jurisdiction

Pennsylvania

So, this just happened today and I'm trying to get a little more information about how I can fight this in court.

I was driving home from school the way I usually do, and when approaching my upcoming right turn there was a cop with his lights on near the intersection. The road I was turning onto is a one way (if that makes any difference). The cop was parked horizontally on the road with his lights on, but his vehicle was only blocking about half of the road. There was a car in front of me, and that driver slowed down and seemed to think it was alright to proceed with caution since he wasn't entirely blocking the road. I followed, and then notice that theres a cop at the other end of the street as well. He directed us to pull over to the side of the road where there's street parking, and we did so. At this point I had no idea I even did anything wrong, just figured that we had to wait until they cleared. Next thing I know the cop that I initially passed was walking up to my window, for what I thought was just to tell me what was going on and to wait to go any further down the road. But, he asks me for my license and proceeds to literally yell at me for passing a cop thats "blocking" an intersection, and that I will be receiving a citation in the mail. He didn't give me any other details, and when he started to walk away I tried to get his attention and ask but he literally ignored me and kept walking. (irrelevant, i know, just very rude of him). Anyway, I haven't received the letter in the mail yet so I'm not sure exactly what the violation is, but I'm planning on fighting it. There were no flares or signs, and nobody was directing traffic. Any advice for when I take this to court or specifics on the laws?

Thanks!

 

[adjusterjack]

Sorry, can't give you any advice until you actually receive a citation and can tell us what the statute number is.

So far, I've only found two citations that might apply but both don't exactly fit what you describe happened.

2015 Pennsylvania Consolidated Statutes :: Title 75 - VEHICLES :: Chapter 33 - Rules of the Road in General :: Section 3325 - Duty of driver on approach of emergency vehicle

2015 Pennsylvania Consolidated Statutes :: Title 75 - VEHICLES :: Chapter 33 - Rules of the Road in General :: Section 3327 - Duty of driver in emergency response areas

You'll just have to wait and see what you get, if you get it, then come back and revive this thread for additional discussion. Don't open new threads. If it's a couple of weeks from now you'll find your post by clicking on your user name when you log in.

 

[kay19mac]

Sorry, can't give you any advice until you actually receive a citation and can tell us what the statute number is.

So far, I've only found two citations that might apply but both don't exactly fit what you describe happened.

2015 Pennsylvania Consolidated Statutes :: Title 75 - VEHICLES :: Chapter 33 - Rules of the Road in General :: Section 3325 - Duty of driver on approach of emergency vehicle

2015 Pennsylvania Consolidated Statutes :: Title 75 - VEHICLES :: Chapter 33 - Rules of the Road in General :: Section 3327 - Duty of driver in emergency response areas

You'll just have to wait and see what you get, if you get it, then come back and revive this thread for additional discussion. Don't open new threads. If it's a couple of weeks from now you'll find your post by clicking on your user name when you log in.

The second link you provided best fits the situation. But when I do recieve the notice I'll come back to the thread. Thank you!

 

[army judge]

So, this just happened today and I'm trying to get a little more information about how I can fight this in court.

I was driving home from school the way I usually do, and when approaching my upcoming right turn there was a cop with his lights on near the intersection. The road I was turning onto is a one way (if that makes any difference). The cop was parked horizontally on the road with his lights on, but his vehicle was only blocking about half of the road. There was a car in front of me, and that driver slowed down and seemed to think it was alright to proceed with caution since he wasn't entirely blocking the road. I followed, and then notice that theres a cop at the other end of the street as well. He directed us to pull over to the side of the road where there's street parking, and we did so. At this point I had no idea I even did anything wrong, just figured that we had to wait until they cleared. Next thing I know the cop that I initially passed was walking up to my window, for what I thought was just to tell me what was going on and to wait to go any further down the road. But, he asks me for my license and proceeds to literally yell at me for passing a cop thats "blocking" an intersection, and that I will be receiving a citation in the mail. He didn't give me any other details, and when he started to walk away I tried to get his attention and ask but he literally ignored me and kept walking. (irrelevant, i know, just very rude of him). Anyway, I haven't received the letter in the mail yet so I'm not sure exactly what the violation is, but I'm planning on fighting it. There were no flares or signs, and nobody was directing traffic. Any advice for when I take this to court or specifics on the laws?

Thanks!

You might end up receiving a criminal complaint, rather than a ticket.

Would you fight a tiger, a bear, a lion, or a deranged maniac?

You might wish to consult an attorney.

You have no one to back up your story, and cop's word is golden.

Get the picture?

 

[kay19mac]

You might end up receiving a criminal complaint, rather than a ticket.

Would you fight a tiger, a bear, a lion, or a deranged maniac?

You might wish to consult an attorney.

You have no one to back up your story, and cop's word is golden.

Get the picture?

I don't understand what you mean? He couldn't deny anything that happened, it's all fact, not opinion. I just don't agree with how he handled the situation and don't think I should be given a fine or anything like that since it could've been way more clear that the road was currently blocked. He can't say that it was, because not only me but the driver in front of me had way more than enough room to pass safely.

 

[army judge]

I don't understand what you mean? He couldn't deny anything that happened, it's all fact, not opinion. I just don't agree with how he handled the situation and don't think I should be given a fine or anything like that since it could've been way more clear that the road was currently blocked. He can't say that it was, because not only me but the driver in front of me had way more than enough room to pass safely.

Won't matter after the cop tells his version of events, or plays his in car dashcam video, the other cop might chime in with what he saw, you'll tell your tale, cop's word against your word, his word is golden.

 

[Disabled Vet]

You could use the defense of.... Was the cop car just blocking a hole in the street... A object that was laying on the street...

 

[adjusterjack]

I don't understand what you mean? He couldn't deny anything that happened, it's all fact, not opinion. I just don't agree with how he handled the situation and don't think I should be given a fine or anything like that since it could've been way more clear that the road was currently blocked. He can't say that it was, because not only me but the driver in front of me had way more than enough room to pass safely.

Not worth arguing yet, so don't.

 

[Highwayman]

The cop was parked horizontally on the road...

Well I'd sure be surprised if he was parked vertically.

 

[army judge]

Well I'd sure be surprised if he was parked vertically.

If he were parked vertically, he has very special, unique parking abilities. LO

 

[kay19mac]

If he were parked vertically, he has very special, unique parking abilities. LO

Lol i think you misunderstood, i mean he was parked like t bone style, not like how you'd park on the side of the road.

 

[adjusterjack]

If he were parked vertically, he has very special, unique parking abilities. LO

 

[adjusterjack]

Lol i think you misunderstood, i mean he was parked like t bone style, not like how you'd park on the side of the road.

If he was parked across the road like this, you should have stopped and not gone around him.

 

[Highwayman]

Lol i think you misunderstood...

No, you just didn't explain it properly. He was parked perpendicular to traffic, not horizontally.

 

[army judge]

Not only does that driver possess very special parking skills, he also possesses very special piloting skills. LOL

 

[kay19mac]

No, you just didn't explain it properly. He was parked perpendicular to traffic, not horizontally.

haha okay okay i guess i did not explain it correctly. my bad. but yes, thats how he was parked, except not blocking the whole road and the person in front of me kept going and i guess i didn't know any better.

 

[Highwayman]

haha okay okay i guess i did not explain it correctly. my bad. but yes, thats how he was parked, except not blocking the whole road and the person in front of me kept going and i guess i didn't know any better.

I tell people all the time - if the guy in front of you is driving off the side of a bridge would you follow him?

Sometime we get caught up in the "follow the leader" thing and don't think as much as we should.

Everyone makes mistakes, just learn from it.

 

[Michael Wechsler]

I'd argue what @Disabled Vet said - you were following someone that you thought was in the flow of traffic around a hazard. After all, you were the car behind, perhaps considering that the car in front had been directed to continue in that direction. I wouldn't expect the officer to lie and it would be within the discretion of the judge. What might happen depends upon the jurisdiction, the prosecutor and the judge.

When I was in Connecticut many, many years ago they were only concerned about the money. I don't recall the specifics and the result was a fine, no points. The prosecutor was amusingly honest about it while making deals before the judge entered the courtroom.

But when I represented a client (a close friend) in New York City - the Springfield Gardens DMV in Jamaica - I had a whole different experience. The administrative law judge (ALJ) made me waste 25 minutes of time to find my client guilty (who had a difficult time showing up because of work.) Her arguments against my photos and representations were so ludicrous that I could hear people in the court snickering behind me and saw her clerk rolling her eyes. I'm confident she hated the fact that my client didn't show up. So my advice to you is that if you think you might have a chance of winning your case, show up in person to traffic court. Don't write in a "not guilty" statement if you can fight it by mail or have someone represent you. Just be prepared to answer and pause to think before you do if questioned in court. Good luck.