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Cop did not change lane for another emergency vehicle
Posted: Wed Nov 18, 2009 1:47 am
by myticket
The cop pulled me over on highway. There were two emergency vehicle on the right shoulder. The cop in the back car came behind my car. while passing another stopped emergency vehicle he did not move over. Was he required by law to move over for another emergency vehicle even if it was only 1 and half car length away?
Re: Cop did not change lane for another emergency vehicle
Posted: Wed Nov 18, 2009 5:25 am
by racer
This is a clear-as-mud portion of legalese. Yes, the police must obey all rules of the road. However, they may disregard them in "lawful execution of their duties". So go figure.
Re: Cop did not change lane for another emergency vehicle
Posted: Wed Nov 18, 2009 10:12 am
by myticket
Yes, this is the offence he charged me for. so can I mention this point in the court?
Re: Cop did not change lane for another emergency vehicle
Posted: Wed Nov 18, 2009 12:34 pm
by admin
myticket wrote:
The cop pulled me over on highway. There were two emergency vehicle on the right shoulder. The cop in the back car came behind my car. while passing another stopped emergency vehicle he did not move over. Was he required by law to move over for another emergency vehicle even if it was only 1 and half car length away?
It would not make sense for the cruiser to pull over to the middle lane if hes already stationed 1 and half car length behind another cruiser. Where is the logic in that?
So no, if hes already parked, why in the world would he have to pull over to the middle lane just to pass the other parked cruiser in front?
Also, if you can't pull over to the left lane, then by law you must drastically slow down and proceed with caution.
Re: Cop did not change lane for another emergency vehicle
Posted: Wed Nov 18, 2009 1:19 pm
by myticket
I was 200 m away from his car when he waved me. I was just about to change the lane, but thought he wanted me to pull over, so I slowed down to 45K, but did not change the lane as I had to pull over.
Actually He did not waved me to pull over, by waving he wanted me to change the lane.
I only could not understand his signal.
Re: Cop did not change lane for another emergency vehicle
Posted: Wed Nov 18, 2009 2:53 pm
by Reflections
myticket wrote:
I was 200 m away from his car when he waved me. I was just about to change the lane, but thought he wanted me to pull over, so I slowed down to 45K, but did not change the lane as I had to pull over.
Actually He did not waved me to pull over, by waving he wanted me to change the lane.
I only could not understand his signal.
You passed him at 45 KM/H and you got a ticket? What was the posted speed limit?
Re: Cop did not change lane for another emergency vehicle
Posted: Wed Nov 18, 2009 8:51 pm
by myticket
I was on highway 100K speed limit. I had to pulled over, so the speed was really slow but I could not stop behind him safely so I passed.
How far we should change the lane to see an emergency vehicle. As I was about to change the lane from 100-150 meter, but he waved me before that. Does the law says something about it. he did not mention my speed in his notes.
What argument I can make in the court.
Re: Cop did not change lane for another emergency vehicle
Posted: Wed Nov 18, 2009 9:18 pm
by hwybear
there are 2 seperate offences for this section:
1) Fail to slow down when passing a stopped emergency vehicle
2) Fail to move to left lane when passing a stopped emergency vehicle - if safe to do so
Re: Cop did not change lane for another emergency vehicle
Posted: Thu Nov 19, 2009 6:42 am
by Reflections
myticket wrote:
I was on highway 100K speed limit. I had to pulled over, so the speed was really slow but I could not stop behind him safely so I passed.
How far we should change the lane to see an emergency vehicle. As I was about to change the lane from 100-150 meter, but he waved me before that. Does the law says something about it. he did not mention my speed in his notes.
What argument I can make in the court.
Exactly what you have said here. You were doing 45 in a 100 zone.....if that isn't slow enough then we need more lanes on the highways..........
Re: Cop did not change lane for another emergency vehicle
Posted: Thu Nov 19, 2009 8:33 am
by hwybear
If the lane to the left is open, still must move LEFT regardless of speed, likewise, still have to SLOW down if you have moved to the left,
Re: Cop did not change lane for another emergency vehicle
Posted: Thu Nov 19, 2009 12:27 pm
by Reflections
hwybear wrote:
If the lane to the left is open, still must move LEFT regardless of speed, likewise, still have to SLOW down if you have moved to the left,
And he said he was going to until the officer motioned to him......
Re: Cop did not change lane for another emergency vehicle
Posted: Thu Nov 19, 2009 1:05 pm
by myticket
Thats what I want to know.
Do I still require to change lane, even if I am just pulling over.
Re: Cop did not change lane for another emergency vehicle
Posted: Fri Nov 20, 2009 6:39 am
by Reflections
myticket wrote:
Thats what I want to know.
Do I still require to change lane, even if I am just pulling over.
Um, could you clarify that???
Re: Cop did not change lane for another emergency vehicle
Posted: Fri Nov 20, 2009 10:49 am
by myticket
The emergency vehicle is on the right shoulder. The cop asked me to pull over. I just pulled over 50 m infront of his vehicle.
Do I require to change lane and then come back again on right lane and then pull over.
I think if I am pulling over on the right shoulder, I should be in the right lane, even if I had to pass the emergency cruiser. In my case it was not saft to come to a stop just behind the emergency vehicle, so I stop infront of it.
Re: Cop did not change lane for another emergency vehicle
Posted: Fri Nov 20, 2009 11:28 am
by Reflections
That sounds funny. If an officer motions you to pull over, you have to pull over. You don't "need" to move left then right if he has motioned you over already. The charge you are facing has nothing to do with your going past him when he motioned to you, it has to do with the fact you did not change lanes when he was already stopped.
Do I require to change lane and then come back again on right lane and then pull over.
If you did that he might of thought you were going to run for it.
Re: Cop did not change lane for another emergency vehicle
Posted: Fri Nov 20, 2009 12:08 pm
by hwybear
** not saying this has anything to do with the above noted incident **
I have come across situations similiar.
I would be 2nd officer. I would stand on the fog line and face traffic. Anyone NOT moving over, I would use my right arm and point directly at the approaching car and then point out to the right (to the LEFT for approaching vehicles) with a straight level arm.
Then you get a vehicle almost runs me over and stop in front

If I wanted the vehicle to stop, would have again pointed at the vehicle, but with my left arm and then pointed to the LEFT (to the right for approaching vehicle)
Once the vehicle is now stopped in front there is a few options:
1) Issue offence notice for fail to move left
2) Issue 2 offence notices (fail to move left and fail to obey direction of officer)
3) Have a lengthy educational discussion with the occupant(s) of the vehicle
4) Have the driver stand by the fog line and direct traffic to move away for 1/2 hr (just kidding)
Re: Cop did not change lane for another emergency vehicle
Posted: Fri Nov 20, 2009 10:29 pm
by Reflections
I agree that your job is dangerous and that the public needs to realize what the possibilities are when they are passing an officer and "client".
The problem is that 90-95% of the time there is absolutely bupkiss happening on roads other then people driving to their destination. This lulls us into a false sense of "road bliss" and when something does happen we, Joe Public, are unprepared.
For the record I am not arguing an officers safety, just the misinterpretation of events.
Re: Cop did not change lane for another emergency vehicle
Posted: Sat Nov 21, 2009 4:23 am
by myticket
Thanks for your help. But Can I argue in the court that I couldn't understand the direction of the officer. Thinking he wants me to pull over, I just pulled over.
Does that sound?
Re: Cop did not change lane for another emergency vehicle
Posted: Sat Nov 21, 2009 4:46 am
by hwybear
thread of
http://www.ontariohighwaytrafficact.com/topic1640.html
LOCKED
......this is a continuation of incident
myticket wrote:
When the officer stopped me, there were two emergency vehicle on the road. In the witness box he checked NO.
Is this a question, why didn't he use other officer as a witness?
Re: Cop did not change lane for another emergency vehicle
Posted: Tue Nov 24, 2009 11:35 am
by ponyboyt
ive been reading scenerios like this because it happened to me too, but i didnt get stopped. It was raining bad and the police cars were on the left shoulder of 401, i was in the left lane, trying to get into the right. Almost every freaking day i check my back signals because these retards who think they should have a license make me think they dont work. I had my signal on for about a km and this idiot in a toyota to my right would not let me over, he kept matching my speed. SO i started inching over and he blows his horn for a good long 10 seconds as we pass the cruisers at about 50k, him still pacing me to my right. Im wondering what woulda went down if they DID stop me or if i had decided to smash into the toyota to avoid whatever was to my left. Who do you choose to hit? The cop on foot? no... the cruiser would probably be a bad idea, theres probably people standing around. But i can see bad coming out of puhing te guy to my right over too....
Re: Cop did not change lane for another emergency vehicle
Posted: Tue Nov 24, 2009 3:01 pm
by hwybear
ponyboyt wrote:
Im wondering what woulda went down if they DID stop me or if i had decided to smash into the toyota to avoid whatever was to my left. Who do you choose to hit? The cop on foot? no... the cruiser would probably be a bad idea, theres probably people standing around. But i can see bad coming out of puhing te guy to my right over too....
Nothing with being a responsible driver (like you were) and slowing way down and not moving over as it was not safe to do so.
Re: Cop did not change lane for another emergency vehicle
Posted: Tue Nov 24, 2009 9:13 pm
by Bookm
myticket wrote:
I was 200 m away from his car when he waved me. I was just about to change the lane, but thought he wanted me to pull over, so I slowed down to 45K, but did not change the lane as I had to pull over.
Actually He did not waved me to pull over, by waving he wanted me to change the lane.
I only could not understand his signal.
I think this is a valid point. It's easy to misinterpret waving hands on the side of the highway. I know if I saw a cop looking at me and waving his hand, I would fully believe that I'm being pulled over.
Disobeying the direction of an officer is a serious offence, so you should argue you were trying to follow his order to pull over. It was an honest mistake resulting from confusing signals from the officer.
Re: Cop did not change lane for another emergency vehicle
Posted: Wed Nov 25, 2009 7:20 am
by Reflections
Bookm wrote:
I know if I saw a cop looking at me and waving his hand, I would fully believe that I'm being pulled over.
"I know, I know officer, pull over!"
"What's that, yes that was me on CWD."

Re: Cop did not change lane for another emergency vehicle
Posted: Wed Nov 25, 2009 8:30 am
by ponyboyt
Bookm wrote:
myticket wrote:
I was 200 m away from his car when he waved me. I was just about to change the lane, but thought he wanted me to pull over, so I slowed down to 45K, but did not change the lane as I had to pull over.
Actually He did not waved me to pull over, by waving he wanted me to change the lane.
I only could not understand his signal.
I think this is a valid point. It's easy to misinterpret waving hands on the side of the highway. I know if I saw a cop looking at me and waving his hand, I would fully believe that I'm being pulled over.
Disobeying the direction of an officer is a serious offence, so you should argue you were trying to follow his order to pull over. It was an honest mistake resulting from confusing signals from the officer.
Request traffic direction training history? "Sir, how long have you been a traffic light?"