My question involves a traffic ticket from the state of: IL
I was recently cited for violating Sec. 11-907(a). Specifically, "Failure to yield to authorized emergency vehicle," although it was a police car, not an ambulance/fire truck. Below is the law.
Sec. 11-907. Operation of vehicles and streetcars on approach of authorized emergency vehicles.
(a) Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of this Code or a police vehicle properly and lawfully making use of an audible or visual signal,
(1) the driver of every other vehicle shall yield the
right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the highway clear of any intersection and shall, if necessary to permit the safe passage of the emergency vehicle, stop and remain in such position until the authorized emergency vehicle has passed, unless otherwise directed by a police officer
Here is a map of the area where this happened: http://ift.tt/1OI9fgu
A: Cop is off on the shoulder of a 2-lane road (2-lane main road + 1 extra lane due to merge in/out lane) with lights on having pulled someone over. I am in the left lane in order to safely give the cop space in the right lane/shoulder. Immediately after I pass point A, cop darts over from shoulder through merge lane into right lane between point A and B. I do not immediately notice that cop has moved so quickly due to blind spot in back right of car, the sun glare at dusk, the fact that it is a plainclothes close car, and the lack of a siren being used. The cop was not immediately behind me, but rather, parallel to my car in the lane on the right side of me.
B: It is here that I notice the cop due to a horn being used. There was no siren. When I notice cop has moved from side of road (I guess she was finished pulling over the other driver), I try to get into right lane. Unfortunately, people are backed up in right lane waiting to get off ramp on right (between B and C), and I cannot immediately get into right lane.
C: It is here that I can finally get into right lane. Cop is now in left lane and turns off the flashing lights. Due to conditions of traffic on/off ramp, I am unable to safely get over until this point.
D: It is here that cop gets upset with me for not rolling down window. We are both stopped at the stop light, parallel to each other. I did not know what the hand gesture cop was making was for, so I allowed about 25 feet of space at stoplight for cop to come into right lane as I thought cop was trying to move to the right. Lights on car were still off here.
E: After passing intersection, cop pulls behind me with lights on again. Immediately (within 50 feet), I exit into parking lot.
F: It is here where I parked in order to get out of major road and traffic due to safety reasons. I pull out my license and registration quickly and give it to Cop who then leaves window without allowing me to explain. Cop does not seem to understand complexity of the situation and, upon return, says that she already wrote the ticket and it is too late to explain anything. Cop only writes down “Failure to yield to emergency vehicle” when there is a lot more to the situation than that.
I have never had a ticket before, and I have been driving for over 12 years. I asked her why the lights were still on when the traffic stop at A was complete, and cop answered she can use the lights for whatever reason she wants to, including to make a U-turn. She said I was lucky that she did not have to go to an actual emergency. For this reason, I do not believe she was lawfully making use of the lights in the first place, which is a requirement of this law (underlined in the original law above). Am I right by saying she has no grounds to claim that she was an "emergency vehicle" if there was no emergency? She even called 2 backups on me, so it is clear (besides just her words) that there really was no emergency. Thank you for your help.
I was recently cited for violating Sec. 11-907(a). Specifically, "Failure to yield to authorized emergency vehicle," although it was a police car, not an ambulance/fire truck. Below is the law.
Sec. 11-907. Operation of vehicles and streetcars on approach of authorized emergency vehicles.
(a) Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of this Code or a police vehicle properly and lawfully making use of an audible or visual signal,
(1) the driver of every other vehicle shall yield the
right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the highway clear of any intersection and shall, if necessary to permit the safe passage of the emergency vehicle, stop and remain in such position until the authorized emergency vehicle has passed, unless otherwise directed by a police officer
Here is a map of the area where this happened: http://ift.tt/1OI9fgu
A: Cop is off on the shoulder of a 2-lane road (2-lane main road + 1 extra lane due to merge in/out lane) with lights on having pulled someone over. I am in the left lane in order to safely give the cop space in the right lane/shoulder. Immediately after I pass point A, cop darts over from shoulder through merge lane into right lane between point A and B. I do not immediately notice that cop has moved so quickly due to blind spot in back right of car, the sun glare at dusk, the fact that it is a plainclothes close car, and the lack of a siren being used. The cop was not immediately behind me, but rather, parallel to my car in the lane on the right side of me.
B: It is here that I notice the cop due to a horn being used. There was no siren. When I notice cop has moved from side of road (I guess she was finished pulling over the other driver), I try to get into right lane. Unfortunately, people are backed up in right lane waiting to get off ramp on right (between B and C), and I cannot immediately get into right lane.
C: It is here that I can finally get into right lane. Cop is now in left lane and turns off the flashing lights. Due to conditions of traffic on/off ramp, I am unable to safely get over until this point.
D: It is here that cop gets upset with me for not rolling down window. We are both stopped at the stop light, parallel to each other. I did not know what the hand gesture cop was making was for, so I allowed about 25 feet of space at stoplight for cop to come into right lane as I thought cop was trying to move to the right. Lights on car were still off here.
E: After passing intersection, cop pulls behind me with lights on again. Immediately (within 50 feet), I exit into parking lot.
F: It is here where I parked in order to get out of major road and traffic due to safety reasons. I pull out my license and registration quickly and give it to Cop who then leaves window without allowing me to explain. Cop does not seem to understand complexity of the situation and, upon return, says that she already wrote the ticket and it is too late to explain anything. Cop only writes down “Failure to yield to emergency vehicle” when there is a lot more to the situation than that.
I have never had a ticket before, and I have been driving for over 12 years. I asked her why the lights were still on when the traffic stop at A was complete, and cop answered she can use the lights for whatever reason she wants to, including to make a U-turn. She said I was lucky that she did not have to go to an actual emergency. For this reason, I do not believe she was lawfully making use of the lights in the first place, which is a requirement of this law (underlined in the original law above). Am I right by saying she has no grounds to claim that she was an "emergency vehicle" if there was no emergency? She even called 2 backups on me, so it is clear (besides just her words) that there really was no emergency. Thank you for your help.
Failure to Yield: Il Sec. 11-907(A)
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