Another Question for Toliver or any law enforcement officer

fasn8nmom

Senior Member
My husband was driving an 18 wheeler in Tenn. on I-75. Traffic was moderately heavy with traffic in all 3 lanes. He came upon a city of Knoxville police officer with a car pulled over on the right hand side of the highway in the emergency lane writing a ticket (the officer was out of his car). He could not merge to the center lane due to traffic.
The police officer chased him down and gave him a ticket for "failure to yeild the right of way to an emergency vechicle". I am curious how this can be? I know this in in TN and not GA. How was he suppose to avoid the "failure to yeild" if he could not merge? Is this ticket worht fighting in court? It is 4 points on his DL and a good driving record is imperative for a good driving job. ::huh:
 

Toliver

Senior Member
There's a new "move over" law. When approaching any emergency vehicle on the shoulder of a multi lane highway, be it police, ambulance, firetruck, wrecker, motorists in the right lane must either move left or "prepare to stop". I've written the ticket once but that was when I was dang near hit by a passenger side mirror.
 

Skipper

Banned
I-75 through there is narrow in a lot of places, and construction has lanes shifing all over the place. Yes, you have to merge over when passing an emergency vehicle. The best policy through Knoxville is to get in the center lane with a trailer truck and ride it. It won't be fun, but neither are the alternative if you have to merge over. The 3rd lane through Knoxville is supposed to be closed to vehicles over 6 wheels (tractor trailers) I have seen trucks get stopped for that too. On I-40 east of Knoxville where the Holston Bridge is there used to be signs that said no trucks in outside lanes. I'm not sure if they are still there, probably are. The bridge is too weak to hold them in those hammer lanes.

Skipper
 

Toliver

Senior Member
Here in Georgia, tractor trailers have to stay in the two right lanes. (unless otherwise posted)
 

fasn8nmom

Senior Member
OK I hate to sound like I am whining or being a smart *** but, with the "move over law" you stated that you either move over (obviously) or prepare to stop. On the Interstate system there is also a law that says you must maintain a minimum speed of 45 MPH so then my question to you guys would be which law takes presidence? 45 MPH Min., or prepare to stop; if merging is not an option due to heavy traffic?
 

Toliver

Senior Member
The "minimum" speed wouldn't apply to extinuating circumstances. But I am unaware of any case law that's come from this yet so I don't know how a judge would rule. It'll be interesting to see.
 

Chuck Martin

Senior Member
You're right "T", no case law yet........regarding the question is it worth fighting in court, that's your right under the law. Now will the Judge in Tenn agreeabale?.......who knows. It will boil down to the Offices story and your husbands with the Judge supposedly using common sense to sort it out. Is 4 points worth him driving up.......if it is, go and good luck. If not, well you know how the story goes. Like Toliver said it's not written alot here in Douglas County but on occasion it do happen in "narrow misses". Hope it works out for ya'll.
 

Skipper

Banned
Knoxville never has been a fast moving town like Atlanta or Birmingham, and the roads through it have notoriously been horrible. (anyone remember Malfunction Junction before they built 640 around that mess.) A lot of years of Chronyism before and after the Worlds Fair led to a mess of shotty constructed roads. In the last 15 years they have worked very hard to straighten out the mess, but unfortunately, the base for those roads is not the best in the world, and they keep having to re-pave and re-pave and re-pave. I-75 and 40 through there are undoubtedly 2 of the busiest interstates in the country.

Kentucky passed that merge law when the construction was going on between Berea and Richmond. I came through one day on those narrow lanes with walls on each side, and saw a young trooper writing someone a ticket likely for speeding in construction zone along a narrow stretch. On the CB, some of the truckers were joking about "Blowing his Smokey Bear hat off" I didn't really think it was funny. Later that evening someone clipped him through that same stretch and killed him.

When I get in these narrow places, paticularly if I'm towing a boat, I'll put it in the center of both lanes between the walls, wind it up to 5 mph over whatever the limit is and go. Whoever wants to honk, flash light, whatever behind me can do so to their hearts delight. I like to feel like I'm safe and in a 3/4 ton truck pulling a boat 8 or 10 inches off of one of those barriers with traffic zooming by 8 or 10 inches off the port fender, I'm not comfortable with it, and don't care what the rest think. Truckers are usually pretty good about doing the same things through those spots. There's no sense in running side by side or trying to pass in a construction zone. If everyone would do what they should and drive a steady speed through it, everyone would get through and there would be far less wrecks in those places.

Skipper
 

fasn8nmom

Senior Member
Thanks guys for your opinions. I don't know yet if my hubby will try to go to court or not. He is considering it. This was the only ticket issued to him, he was not cited for speeding or any other violation. He was checked for log book, DOT card, etc and everything was in line. I have to agree and hubby would too that "close calls" for officers is not a thrill or funny. We have several friends in law enforcement and in the fire dept. (some in Douglas County with you, Chuck) and I have heard all kinds of horror stories from them.
 

Chuck Martin

Senior Member
fasn8nmom said:
Thanks guys for your opinions. I don't know yet if my hubby will try to go to court or not. He is considering it. This was the only ticket issued to him, he was not cited for speeding or any other violation. He was checked for log book, DOT card, etc and everything was in line. I have to agree and hubby would too that "close calls" for officers is not a thrill or funny. We have several friends in law enforcement and in the fire dept. (some in Douglas County with you, Chuck) and I have heard all kinds of horror stories from them.

What........about traffic....or me ;)
 
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