Legal Question in Traffic Law in Texas

I received a ticket in Williamson County, Texas for "Failure to Yield Right of Way to a police unit". The Sherrif deputy had a car pulled over on the side of a four lane highway (two lanes either direction). I slowed to about 20 - 30 mph in a 50 mph speed limit area and passed the deputy in the lane close to him. He claimed that I was required to move over if I could do safely. What is the traffic code / statute that applies to this situation and is the deputy correct in that simply slowing is not sufficient?


Asked on 3/07/11, 6:05 pm

1 Answer from Attorneys

David Ortiz Law Office of David Ortiz

Texas Transportation Code

Sec. 545.157. PASSING AUTHORIZED EMERGENCY VEHICLE. (a) On approaching a stationary authorized emergency vehicle using visual signals that meet the requirements of Sections 547.305 and 547.702, an operator, unless otherwise directed by a police officer, shall:

(1) vacate the lane closest to the emergency vehicle when driving on a highway with two or more lanes traveling in the direction of the emergency vehicle; or

(2) slow to a speed not to exceed:

(A) 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or more; or

(B) five miles per hour when the posted speed limit is less than 25 miles per hour.

(b) A violation of this section is:

(1) a misdemeanor punishable under Section 542.401;

(2) a misdemeanor punishable by a fine of $500 if the violation results in property damage; or

(3) a Class B misdemeanor if the violation results in bodily injury.

(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code or the Penal Code, the actor may be prosecuted under either section or under both sections.

Fairly new law added in Sept. 2003.

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Answered on 3/07/11, 6:12 pm


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