Can I beat this ticket?
 

I was cited for "Failure to yield to a stationary public safety vehicle" in Ohio. I was traveling southbound on 75 near bowling green in heavy traffic. There was another truck about 7 seconds distance ahead of me that didnt move over until the last second for a state boy with a pulled-over 4-wheeler, which was limiting my view of the right shoulder. I had 2 cars next to me and 3 more behind those ones and couldnt move over. I slowed the truck as much as I could given the limited time I had to react and the fact that I was carring a 45000lb load, but apparently that wasnt good enough for the officer so he tracked me down about a mile later and nailed me for it. I'm using Interstate Trucker to fight the ticket, the cop has declined for a plea bargain and wants a court trial in which i will have to appear with my lawyer. This is a 2 point offense but when its sent back to my home state its going to be changed to the nearest offense, which is failure to yield to a moving AMBULANCE, and is 4 whopping points. As I said I did slow down as much as I could but i was going about 55mph when i passed him (the speed limit was 65mph). The cop said I didnt slow down but I dont see how he could have been able to tell how fast I was going other then by making a visual estimate. He complained about making has car rock back and fourth too. I feel that the raising of the speed limit to 65mph for trucks in Ohio is partly to blame for this, its getting harder for troopers to cite drivers for speeding now and as most of you know truck driver ticket revenue funds half of Ohio's state budget so they are looking for any excuse they can to write a citation. Has anyone else had to fight a ticket like this?

I believe the law is 20 mph under the posted speed limit if you can't move over. The problem with the scenario you've given is that if you couldn't see him, and you couldn't slow down in time, then you're admitting you were following the vehicle ahead of you too closely.

I know that in Texas the law states you have to slow down 20mph under the speed limit, however I looked up the ordinance number I was cited for in Ohio, and the law doesnt state an exact mph that you have to slow down to while passing the officer. As far as following distance goes I had seven seconds following distance on the truck ahead of me, which from what i understand is considered a safe following distance at 65 mph. I hope the law for ohio isnt 20mph below the speed limit, but even if it is the biggest issue is how did the officer obtain my speed when I passed him? I dont see how he could have got me on radar. :confused:

He didn't cite you for speeding, so the exact speed is irrelevant. In his expert opinion (and his opinion IS an expert opinion whether you want it to be or not), you were traveling too fast to yield, and by your own admission, you lacked the reaction time to slow down to the commonly accepted 20 mph below the speed limit given the weight of your vehicle.

It would be no different than if you were given a citation for "following too closely." The officer doesn't have to have measured the distance between you and the vehicle you were in front of to make the determination that you were doing so.

It sounds like you have nothing to lose by fighting it. As to whether you can beat it or not, that is debatable.

Here is a little "trick" I used when caught in that type of situation. If I can't move over and I know I am not going to get slowed way down in time because I didn't see the vehicle soon enough I hit the brakes and full jakes. The jakes help slow you down and the noise helps warn the cop that something is coming.

1 second for every 10 feet of rig + 1 more second over 40 MPH. I know the additional second doesn't seem like much, but 65 Miles per Hour = 95.333 Feet per Second - potentially more than enough additional space to recognize the hazard.

Most tickets are "beaten" by the officer doing a no-show for the trial date. Lawyers will usually ask for a continuance if he shows for the first one, hoping he no-shows for the second one. Troopers on Traffics Patrol's job description is: write tickets & go to court.

These "mover over" laws were enacted because too many cops were getting KILLED during traffic stops. Hence cops are REAL KEEN in seeing this law ENFORCED (really can't blame them there). You can't have it BOTH WAYS - truckers complain about different speeds for cars and trucks being unsafe, then you're trying to blame the increased speed for trucks, on what truly just amounts to YOUR BAD LUCK.

Expert witness or not, the biggest issue is getting the cop to testify as to just HOW he know you hadn't slowed down below whatever the statute specifies and Ohio's law IS rather AMBIGUOUS on this point. A truck moving where "the driver shall proceed with due caution, reduce the speed of the motor vehicle, and maintain a safe speed for the road, weather, and traffic conditions" will rock a car on the shoulder whether they're doing 65, 55 or 45.

A "good lawyer" can argue this ambiguity - but a small town judge will usually side with the cop. CDL drivers can't get "no points/driving school" - we either BEAT IT OR EAT IT. Keep in mind you also need to report this to your EMPLOYER...

Rick

Get your proper statutes for Ohio and ALWAYS use the correct wording. Do not make reference to any other state's requirements, or any specifics that the prosecuting jursidiction's statutes does not contain.

As noted, it is up to the officer to explain to the court how he determined you to be in violation.

It is up to you to tell the court how it is you complied with the statute.

Never mind the sad story about not seeing in time. Drivers have the responsibility to not drive the vehicle in a manner that it cannot be controlled within the distance you can see....

Stick with the traffic beside you preventing a lane change and that you slowed on seeing the cruiser.

And you now know that the enforcement community expects to see a greater reduction in speed as you blow their hats off....

Yes, if he is asked. The prosecution likely won't, so it's up to the defense to do so.

I disagree. Taking the stand in your defense is never a good idea, as you can be cross examined by the prosecution. The burden of proof should be kept on the prosecution. Taking the stand in your own defense is a last resort, and is never required. I've beaten tickets before without ever having anyone take the stand other than the officer.

He'll lose the time and the miles he could have driven to show up in court. And i am sure the court will not reward him with said lost pay should he win.

I would have fought my famous 'barricade' ticket, or atleast the equipment ticket, but figure it was marginal at best that i'd get it overturned, not to mention not get rewarded the lost pay.

But hey, if it keeps it off your record.