What can i do if i was cited for passing an authorized emergency vehicle?

I was given a ticket for passing a tow truck on the side of the road. The tow truck had no blinking or flashing lights so there was no way to recognize it as an emergency vehicle. The officer designated that he clocked me at the legal speed limit at 400 feet away. I had slowed to 10 mph under the speed limit by 200 feet away, not because of the tow truck but because I saw the officer peeking out from in front of the truck with a radar gun. How do I fight this ticket? If my wife and I testify that there were no blinking or flashing lights, I’m sure that the officer will say there were. However, from in front of the truck, I don’t see how he would have known if

they were blinking or flashing lights on the truck.

Asked on January 11, 2018 under General Practice, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You have two choices, one it to request a trial (either before the judge or a jury) where you and your wife can testify that the allegations are not true.  Your second option is to try to work out a plea agreement that is not too financially stressful to you.  Before you make a decision though, I suggest that you request a copy of the officer's patrol video.  You can do so with an open records request.  Sometimes, these videos will demonstrate the facts that you are trying to prove.  If the video does show the facts that would be helpful to your case, then this will greatly assist you in your efforts to exonnerate yourself.

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