Asked 1/26/2016 – Cameron, TX

I received a citation for failure to slow or move over for certain stationary vehicles (TXTRC 545.157 (C)(1)(2)). I saw the officer on the side of the road, but was unable to get over due to a large truck/ big rig in the left lane. I did attempt to slow down, but I guess it was not enough. He was outside of his vehicle with someone else he pulled over. He did not have radar, but when approached my car also informed me that I was going 60 in a 45 (which I don’t believe I was not could he prove bc he did not have radar) I did not get citated for speeding. My question is should I contest this? How can he prove that I didn’t attempt to slow down? Also I have never received a citation in the state of TX.

Answer

The traffic laws do not involve a mental state; i.e., you wanted to move over, you did not know you were speeding, etc. Either you moved over or you didn’t and you either slowed down to the appropriate speed or you did not. You can contest the speed if you admit you did not change lanes for the emergency vehicle. Whether you would be successful or not is unknown. Did the officer have his dash-cam and stationary radar working while he was out of the patrol car with the other vehicle? You can also contact a local attorney to see if the court where your ticket is assigned to will agree to any plea bargain to keep this matter from your record.