I was pulled over while driving on a highway, instead if immediately pulling over, i took the nearest exit, which was about 500+ft from where the officer turned his lights on. I explained to the officer that i felt like i had the right to pull over when I felt it was safe to do so. Is that an arguable defence for court?
You may have been improperly charged. My understanding is that the officer will have prove that it is more likely than not that the following are true:
1) The officer approached you in an ambulance or emergency vehicle using visual or audible signals in a manner described under ORS 820.300 (Exemptions from traffic laws) and 820.320 (Illegal operation of emergency vehicle or ambulance);
- The gist of those listed statutes is that emergency vehicle drivers can do things like speed and run stop signs when responding to emergencies. So this doesn't seem to fit because the officer was stopping you for a traffic violation, not responding to an emergency.
2) You did not yield the right of way to the ambulance or emergency vehicle;
- This also doesn't seem to fit for the same reason above
3) You did not immediately drive to a position as near as possible and parallel to the right-hand edge or curb of the roadway clear of any intersection; and
- This seems to fit
4) You did not stop and remain in such position until the emergency vehicle or ambulance has passed.
- This doesn't seem to fit for the same reason above
So my understanding is that this law was meant to punish people for blocking emergency vehicles on the way to emergencies. The more appropriate charge, which also seems would be very hard to prove, is Fleeing or attempting to elude police officer under ORS 811.540¹. The required elements of that charge are as follows:
1) You were operating a motor vehicle on premises open to the public;
2) The officer in a police car gave visual or audible signals for you to stop (e.g., lights/sirens); and
3) You knowingly fled or attempted to elude a the officer.
At the very least you are guilty of pulling over further away the the officer wanted you to, but I am not sure that you violated any Oregon law in doing so. You would do well to consult with a local attorney who handles traffic ticket matters. Good luck to you.
The ticket arguable at least two ways. One was the emergency vehicle "approaching the vehicle" you were driving"? And secondly, is 500+ft "immediate" under the circumstances. The statute does state that a person must yield immediately,
2015 ORS 811.145¹
Failure to yield to emergency vehicle or ambulance
(1)A person commits the offense of failure to yield to an emergency vehicle or ambulance if an ambulance or emergency vehicle that is using a visual or audible signal in a manner described under ORS 820.300 (Exemptions from traffic laws) and 820.320 (Illegal operation of emergency vehicle or ambulance) approaches the vehicle the person is operating and the person does not do all of the following:
(a)Yield the right of way to the ambulance or emergency vehicle.
(b)Immediately drive to a position as near as possible and parallel to the right-hand edge or curb of the roadway clear of any intersection.
(c)Stop and remain in such position until the emergency vehicle or ambulance has passed.
(2)A person is not in violation of this section if the person is acting as otherwise directed by a police officer.
(3)This section does not relieve the driver of an emergency vehicle or ambulance from the duty to drive with due regard for the safety of all persons using the highway, nor does this section protect the driver of any such vehicle from the consequence of an arbitrary exercise of the right of way granted under this section.
(4)The offense described in this section, failure to yield to an emergency vehicle or ambulance, is a Class B traffic violation. [1983 c.338 §582; 1985 c.16 §289; 1995 c.383 §46]
