Failure to use Due Care for Emergency Vehicle

It is now imperative in most cases for motorists charged with a violation of this new law to seriously consider hiring an attorney for representation. Unlike most other tickets, some prosecuting authorities are refusing to extend a plea offer involving violations of the statute at a pretrial conference; opting instead to set the matter down for trial and appearance by the Trooper. And at least one Trooper that your author is aware of, refuses to reduce this charge under any circumstances, necessitating a traffic trial. Few laypersons are equipped with the requisite knowledge to effectively represent themselves in this situation and the assessment of a fine, surcharge, and points assessed on their license is a virtual certainty. A competent attorney, such as Mark Fluery, can require the prosecution and officer to establish each and every element of the offense charged and that none of the multiple exceptions to this new law applies to the motorist in the fact pattern of this particular case, a strategy that is usually successful.

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