Q: I was given a moving violation summons, while attempting to enter the roadway after making an emergency stop in should
The flow of traffic was about 80 mph. I was accelerating in the shoulder so that I would be close enough to the speed of the flow of traffic so I could merge safely into the roadway. Just as I was about to enter the rightmost lane, I was pulled over and given a summons for improper passing. I never passed anyone. I wasn't going fast enough to pass anyone.
I believe I did nothing wrong. The officer would not allow me to explain.
A: First the officer does not have to allow you to speak or explain your situation, if they do, they do that out of courtesy not a right. Second a lawyer always needs to see what the officer is expected to say before plotting a defense, this is the reason the prosecution goes first in a trial and the defendant is entitled to what is called discovery. Third, you may be right it may be the wrong ticket but the officer has 30 days to give you the right ticket which can always be mailed to you, so this may not be over yet.
Leon Matchin and Stuart Nachbar agree with this answer
A: I would get a lawyer and go fight the ticket and ask for discovery (video) showing you passing someone
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A: If you had an emergency and you believe you did nothing wrong then plead not guilty and go to court and tell the prosecutor that and he'll probably schedule it for trial at which time you'll have the chance to explain the nature of your emergency. Good luck!
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