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    CBshann's Avatar
    CBshann Posts: 1, Reputation: 1
    New Member
     
    #1

    May 1, 2014, 04:00 PM
    Failure to Yield
    I was driving down a road on a clear day and I could see that there was a police vehicle with its lights on around a mile to a mile and a half ahead of me. The police car was sitting by itself on the side of the road with it's lights on. The police officer was not outside of his car. I was pulled over and given a citation because I did not yield or move to the next lane.
    I have never failed to yield and I did not realize that by not moving over that was a failure to yield violation. This happened in Adams county Colorado. I would like to fight this because it seems so ridiculous. I did not and would not fail to move over when there is an emergency vehicle going somewhere. Because the police car was just sitting there, it feel like I am be shaken down for this officers bad humor.
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
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    #2

    May 1, 2014, 04:09 PM
    Most states (maybe even all) have laws on the books REQUIRING everyone to move over one lane where one exists or significantly slow down when one doesn't when police or emergency vehicles are on the shoulder. That's because so many people have been hit and injured and killed by people wizzing by inches away.

    Good luck trying to fight it... but I think you have a zero percent chance of winning however.
    smearcase's Avatar
    smearcase Posts: 2,392, Reputation: 316
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    #3

    May 1, 2014, 04:15 PM
    Don't know about Colorado but in the states on the east coast where "Move Over" laws have been enacted your failure to move into the next lane, in the situation you have described would be a definite violation.
    Many officers are struck getting out of the cruiser. The fact that the officer was not out of the car (he could have been about to get out as far as you know) has no bearing on the violation.
    Check the wording of the specific law in Colorado to be totally accurate, but sounds like a clear violation to me.
    Most states have a provision that if it is not safe to move to the next lane, the driver is to slow down and drive past as safely as possible.
    Cat1864's Avatar
    Cat1864 Posts: 8,007, Reputation: 3687
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    #4

    May 1, 2014, 05:34 PM
    This has a copy of the Colorado Move Over Law: Move Over Laws - Protect Those Who Protect You

    It was originally implemented in 2005. It also covers tow trucks.
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
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    #5

    May 1, 2014, 05:36 PM
    Well that makes it a slam dunk then... you actually have ZERO chance of winning.

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