Legal Question in Traffic Law in California

I was traveling on a 2 lane road with a sand and gravel shoulder at 60 mph. In front of me was a car going the same speed. Behind me was a line of 4 cars with the one behind me tailgating me. The car in front of me suddenly slowed quickly down and I was afraid of being rear-ended if I hit the brakes. I quickly looked ahead to see no cars in the oncoming line and it was legal to pass in the area I was. I accelerated to pass instead of risking the soft shoulder to avoid an accident. I found out why the car in front of me slowed down quickly when I passed because a California Highway Patrol officer was on the soft shoulder ahead. The officer gave me a ticket for speed to pass the car ahead. I know in other states there are laws that read "conduct is necessary as an emergency measure to avoid an imminent public or private injury" . My question is, Is there the same law in California?

Asked on 10/15/10, 7:20 pm

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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Sure. Go for it. Set the case for trial and tell your story to the judge. Read "Fight Your Ticket." Look up People v. Ausen, 40 Cal.App.2d Supp. 831.

Answered on 10/20/10, 9:41 pm

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