Quote Originally Posted by Dan Druff View Post
Quote Originally Posted by RS_ View Post
DMV handbook says to slow down but doesn’t say how much. Technically, 69 in a 70 should be fine, unless it says otherwise (which it doesn’t).

If you fight it, I’d go along the lines of, “I was in the middle lane and people were flying by so I moved to the right lane and then I didn’t have enough time to move to the left, which would have been very unsafe given the speed the other cars were going.”

You could also argue that above all, safety is the most important aspect of driving & road laws. You felt it was safest to be in the right lane due to the other cars going very fast. Even the cop agreed (or something along these lines) that you were being safe or whatever. The focus should be on that moving over would be less safe (not that staying in right lane is safe), forcing them to provide proof you could have moved over safely.
That's exactly the defense I was planning upon using.

But I'm guessing this is going to end up a reduction and a change to a parking violation, which while better than a $198 moving violation, still sucks.
Druff, I while I loathe genuine speed traps, I don’t see this particular law as intended as a fine generator; LEOs and emergency workers put their lives on the line doing their job along the side of the highway. And there are too many idiots who barrel down the road oblivious to the risk they exacerbate by driving too close or too fast near parked emergency vehicles.

In any event, please ask the judge to allow you to record the court proceedings when you challenge this ticket there. The audio alone would be terrific to include in a radio show segment.