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Lawyers I have a ticket question---Please Help!


Boone60

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My brother received a ticket while driving an 18-wheeler. It was in Columbia City, IN. He was in the right lane of a 4 lane highway(US 30 west). The left lane was posted "No trucks in left lane". There was another 18-wheeler that was pulled over by a state trooper on the right shoulder of a Right turn/Deceleration lane. My brother stayed in the right lane but slowed down while passing the vehicles off to the side. (3 lanes of traffic, my brother in the middle, the trooper and other 18-wheeler to right shoulder of right lane.) I looked at the spot on Google earth and it clearly shows that the space he allowed was enough for another vehicle to pass through between. How should he go about defeating this ticket for not moving over for a police vehicle?

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My brother received a ticket while driving an 18-wheeler. It was in Columbia City, IN. He was in the right lane of a 4 lane highway(US 30 west). The left lane was posted "No trucks in left lane". There was another 18-wheeler that was pulled over by a state trooper on the right shoulder of a Right turn/Deceleration lane. My brother stayed in the right lane but slowed down while passing the vehicles off to the side. (3 lanes of traffic, my brother in the middle, the trooper and other 18-wheeler to right shoulder of right lane.) I looked at the spot on Google earth and it clearly shows that the space he allowed was enough for another vehicle to pass through between. How should he go about defeating this ticket for not moving over for a police vehicle?

 

 

What was he cited for? Federal motor carrier rules are much more stringent and detailed than the state or local laws. So w/o knowing what he was cited for it is a crap shoot. Most troopers know the motor carrier rules very well, stiffer fines and the like. The "rules" cited are easier to convict than state laws.

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What was he cited for? Federal motor carrier rules are much more stringent and detailed than the state or local laws. So w/o knowing what he was cited for it is a crap shoot. Most troopers know the motor carrier rules very well, stiffer fines and the like. The "rules" cited are easier to convict than state laws.

 

He was cited for Indiana Code # 9-21-8-35b Failure to yield to Stationary Emergency Vehicle.

 

 

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How should he go about defeating this ticket for not moving over for a police vehicle?

 

I'd start by hiring an attorney.

 

That's the best place to start. The statute in question reads:

 

(b) Upon approaching a stationary authorized emergency vehicle, when the authorized emergency vehicle is giving a signal by displaying alternately flashing red, red and white, or red and blue lights, a person who drives an approaching vehicle shall:

(1) proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least four (4) lanes with not less than two (2) lanes proceeding in the same direction as the approaching vehicle; or

(2) proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe.

 

If the conditions were as you describe, it seems as though he'd have a reasonably good chance of beating this ticket. Tell him to hire a lawyer and fight it.

 

 

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If he has a CDL, he should be hiring a lawyer to fight it. It's no time for self-help or Internet advice when his livelihood is at stake. There's no substitute for local experience.

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Dances_With_Wiener_Dogs
If he has a CDL, he should be hiring a lawyer to fight it. It's no time for self-help or Internet advice when his livelihood is at stake. There's no substitute for local experience.
Right. And legally, he has to tell his employer. So the lawyer, while not inexpensive, is a good idea.
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