Ticketed for Not Moving Over for Emergency Vehicle But it wasn’t safe to do so Can I beat it?

UPDATED: Oct 1, 2022

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Ticketed for Not Moving Over for Emergency Vehicle But it wasn’t safe to do so Can I beat it?

How would I present my case in fighting a traffic ticket for not
moving over for an emergency vehicle? A cop had someone
pulled over on the shoulder of the road. I was in the right lane,
there were cars in the left. One car did pass me to my left, but
by that time, there wasn’t really time to move over for the cop.
So I slowed down stayed in my lane. Also, there were other
cars approaching in the left lane I don’t recall how far away
they were, everything happened so fast. That same cop pulled
me over gave me a 421 fine for not moving. I told him there
was a car to my left he said they had already passed so I was
still in violation. I don’t agree with this at all. I feel that it
would have been safer for me to stay where I was at a slower
speed i did exactly that. I pled not guilty will need to go to
court. How do I present this? OK State Law says move over if
it is safe to do so, if not then to slow to a speed suitable for road
conditions.. Please help. I don’t have the money to hire a
lawyer to fight this ticket.

Asked on January 11, 2019 under General Practice, Oklahoma


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Frankly, you are not likely to win; you are likely--even very likely--to lose. The problem is, you have a vested interest in avoiding the ticket: you have a built-in bias. That makes you less credible. The officer, however, is presumably "neutral": he has no personal stake in the outcome. He is also trained and sworn to uphold the law. In my experience, the court essentially always believes the officer over the driver, so if he testifies that he believes that it was safe for you to move over, the court will almost certainly believe and agree with him.
However, if you have an otherwise good driving record, there is an excellent chance that the day of trial, when you discuss the matter with prosecutor, that he or she will offer you a plea to a lesser offense (e.g. small fine or fewer points on the license or both). If so, you would be well-advised to take it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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