Legal Question in Traffic Law in Texas

Passing a stationary emergency veh

I received a traffic ticket for passing a stationary emergency vehicle. A cop was pulled over on the side of the highway with his lights on. I noticed it several yards ahead and slowed to approx 10 miles below the speed limit in order to make sure all was safe. I could not move to the next lane. Upon noticing that the cop hadn�t pulled anybody over and there wasn�t any accident I then proceeded to drive approx 10 miles below the speed limit when I passed him. I did not slow down to 20 mile per hour below speed limit as Texas law states because there was no emergency�..only a cop sitting there with his lights on. It seems like he was just set up on the side of the road for the sole purpose of catching someone in this trap. He waited for cars that did not slow down to 20 miles below the speed. Is this entrapment �the cop seemed to create the unlawful situation? Can I fight this on any other basis?


Asked on 6/01/09, 4:11 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Passing a stationary emergency veh

You can fight it, but you are not likely to prevail. The Transportation Code does not provide an affirmative defense for your assessment of the situation. As an alternative, you might get a lawyer to negotiate this to a lesser violation with deferred.

Read more
Answered on 6/02/09, 8:33 am


Related Questions & Answers

More Traffic Law questions and answers in Texas