Need Advice on Ticket Received for Passing an Authorized Emergency Vehicle

Updated on July 27, 2009
L.R. asks from Humble, TX
5 answers

Hello - I received a ticket on June 23rd for Passing an Authorized Emergency Vehicle. The police had a string of 3 marked cars set up on 59 South, and each of them had people pulled over (& were probably issuing tickets). I know the rule about slowing down 20 mph below the speed limit, or moving over a lane whenever a marked car is in the shoulder with its lights on, so I obeyed this for all three cars. After I cleared the 3rd police car in the sting I proceeded to return to the left lane and began increasing my speed. This stretch of road has a lot of ups & downs or peaks & dips. I had just cleared a peak in the road and a 4th officer waiting on the shoulder turned on his lights & pulled me over. When I asked the officer if I was speeding, he said no, that I was traveling at 55 mph. This speed is consistent with my story, as during morning rush hour most people drive 75 in the far left lanes. My explanation is that I had passed the 3 previous emergency vehicles at not only a slower speed, but also had moved over a lane and was just beginning to accellerate when I cleared the peak & saw the 4th officer.

I have zero tickets in 20+ years and haven't even been pulled over in 10+ years. Nonetheless the officer issued me a ticket with a fine of $205. When I asked if I could just have a warning because my record is spotless, I was told not to worry because this offense doesn't carry points.

Here's the kicker: the officer stated the offense occurred on 6/30/09 (a full week after it really ocurred), and I can prove I was out of the country on this date. Clearly this officer has serious issues with his accuracy! Even more, the arraignment notice that arrived in the mail has an incorrect month for my date of birth (although the ticket is accurate on this point).

Can anyone give me advice regarding the likelihood of getting the ticket dismissed or waived at the arraignment because of 1) my clean driving history + my explanation and 2) the inaccuracy of the ticket offense date? I plan to bring my travel docs to the arraignment to prove this point. Having no experience with traffic tickets in Houston, from what I read online I'm not even sure you get an opportunity to tell the judge what your side of the story during an arraignment; can anyone clarify this too?

Thanks in advance for any and all advice!

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C.H.

answers from Houston on

Hi L., I'm not a lawyer and am only relating what happened to my daughter. She was ticketed for running a red light at an intersection that has no traffic signal--only a stop sign which she stopped at. Second, it was dated and timed when she could prove that she was at work on that date and time. She went to the hearing with documentation and pics of the intersection w/ no traffic light and work schedule proving she was at work. The officer in question asked for a continuance which means that the judge didn't dismiss it even with her evidence as proof. DD secured a lawyer who represented her in her following court appearance and then the judge dismissed charges. As I understand it, if the ticketing officer does not appear at the hearing, the judge is allowed to dismiss since you have documentation, but if the officer requests a continuance, even with your documentation, it's still your obligation to attend the 2nd hearing or be ticketed for failure to appear.
I understand real people make mistakes, but this is ridiculous IMO.
Additionally, keep the record of dismissal in a file where you can access it easily. In another case, a young man was jailed in another county for charges which were dismissed 9 YEARS previously because the updated info was not logged in a different county. It was a several day and much money spent for nothing to have information updated in a different county. Costly human error.
I am thankful to have peace officers and emergency personnel available to me. Just keep records to protect yourself from mistakes. HTH, C.

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N.S.

answers from Houston on

Based on the information you've given - and you current driving record - it sounds as if you should be able to have this ticket dismissed.

Make sure you bring all documentation proving you were out of town on the date the ticket was actually issued for.

If the court presses the issue, you then need to decide if you want to fight it. You can hire an attorney with a background in traffic ticket dismissal for very little money.

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K.A.

answers from Houston on

Check and see how far past the emergency vehicle you must be to increase speed or return to accelerated speed in the lane of the e.v.? Definitely point out the inconsistant date, it probably will get it dismissed especially since you have a good record. I know alot depends on the Judge.
I had an accident quite a few years ago, I was turning and a truck ran the red saying it was yellow. I was in the intersection so he got the ticket. I remember I had to show up and talk to the prosecutor from the state. He was pleading not guilty, but he ran it. In the end the state recommended dismissal and the Judge went along as insurance had it all covered.

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V.M.

answers from Houston on

Take it to court!!!!! You might have to get a lawyer involved. Try sullo&sullo. Be sure to check your mail, if you just recently got the ticket you'll be getting a lot of letters from lawyers.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

E.S.

answers from Houston on

Though I have no personal experience, I have heard that if there is an error on the written ticket (date of offense) the ticket can be dismissed. Good luck! It kinda sounds like a set-up, like he was just waiting there for offenders.

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