Yes it is, that is the reason for jury trials. The law can be the law, but there are exceptions to it, in the implementation. DD
Just fight it. You have nothing to lose. All the people here who are like "man you broke the law, now pay up!" seem like they give up way too easy. If you have time and a little extra money to spare (and this is a big if for some people) then go ahead and get a lawyer and contest this. You did try to lower your speed and pass him. Maybe the judge will be lenient. Who knows. Take a shot at it. At worst you'll have to pay some extra money and waste a few more hours.
I've come to your defense. Fight it and you will. Guaranteed. Only if your story is true. This says that you must vacate the lane closest to the stopped emergency vehicle OR slow down 20 miles per hour below the speed limit. If you indeed were in the far left lane of a multi-lane road, and with the assumption he was parked on the right, then you should be exempt and it should not be a fine or a ticket. Period. Fight the hell out of it. tm
I don't have a problem with this law. What I don't like is when the cop parks his vehicle halfway into the closest lane during a stop - especially at night. I'm already blinded by your lights, bad idea to park out into my lane.
My thoughts exactly...I'm assuming the cop was on the right shoulder. I don't either — it's practical and a safety concern for them. But then again, I also think laws should be better publicized. If you received your license pre-2003 (when the law went into effect), you'd never know about it.
He absolutely deserves that ticket. I would make him pay even more. Parking in a handicapped space is despicable...
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Juries don't interpret laws, they're told what the law is and whether they believe the defendant broke said law. They don't go in there thinking the law means this and that, the law is exactly the way it's stated, juries don't change that.
Yeah, there's no reason to fight this. Looking back, I shouldn't have even made this thread because it's pretty obvious I was wrong. Rules are rules, no gray area here. I guess I posted out of frustration because generally, I am a good driver. Still.. cops have better things to do
Oh yeah, you're boned. If you still wanna fight, you've got to work to prove your suspicion that the officer was abusing his power and hope the jury'll nullify.
juries decide questions of fact only....they are not left with answering questions of law or interpreting the law.
Yes they do....they absolutely look at the law and how it is interpeted in each case, as to whether there is an exception etc....at least the ones I have served on do. I would have never sentenced that boy in Georgia to 75 years for a BJ, regardless of what the law reads. Intelligent jury members realize that the law is sometimes wrong. DD
