Failure to yield to emergency vehicles [Re: Jon Corzine accident]

Kenneth Vercammen & Associates ^ | Kenneth Vercammen & Associates

[Winged Hussar]

39:4-91. a. The driver of a vehicle upon a highway shall yield the right of way to any authorized emergency vehicle when it is operated on official business, or in the exercise of the driver's profession or calling, in response to an emergency call or in the pursuit of an actual or suspected violator of the law and when an audible signal by bell, siren, exhaust whistle or other means is sounded from the authorized emergency vehicle...

b. This section shall not relieve the driver of any authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall it protect the driver from the consequences of his reckless disregard for the safety of others. Nothing in this section shall be construed to limit any immunity or defense otherwise provided by law.

[Winged Hussar]

Not legal advice, I am not an attorney, but I see nothing in the above law that allows any police officer to use his emergency flashers and siren (as Governor Corzine's driver was doing while under Corzine's supervision) and exceed the speed limit by 26 miles an hour for the purpose of getting the Governor from one place to another. Nowhere was it reported that the SUV was being driven, "in response to an emergency call or in the pursuit of an actual or suspected violator of the law."

Now let's think about which of these might apply to Corzine and/or his driver:

http://www.state.nj.us/mvc/Violations/penalties_pointSchedule.htm 39:4–99 Exceeding maximum speed 15-29 mph over limit 4 points [Self-explanatory]

39:4–96 Reckless driving 5 points

http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=208947548&Depth=2&TD=WRAP&advquery=%22reckless%20driving%22&depth=4&expandheadings=on&headingswithhits=on&hitsperheading=on&infobase=statutes.nfo&rank=&record={E323}&softpage=Doc_Frame_PG42&wordsaroundhits=2&x=41&y=17&zz= 39:4-96. A person who drives a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of reckless driving. [It was reported that the driver of a pickup truck had to take evasive action to get out of the way of Corzine's speeding SUV]

[spanalot]

No way Corzine should be absolved for this .

[GATOR NAVY]

It’s all a matter of definitions. I bet the governor would define a photo op as an “emergency call”.

[RightOnline]

You’re technically right, of course, but get real.

[Dog]

This is why no charges will be filed against the kid in the red truck.

[AD from SpringBay]

You are under the mistaken notion that the laws that apply to you or me also apply to Corzine. See, John Edwards is correct - there are two Americas - one for us and one for elected officials who are democrats. Hope that clears up your confusion.

[sono]

I’d say Gov. Corzine is paying quite a price already.

[JerseyJohn61]

bttt

[Shannon]

I would not want to be the person who was driving the vehicle when the gov was injured. It was reported he was going 91 miles/hour and his passenger, the gov no less, wasn’t wearing a seat belt. He’ll be lucky if he gets assigned to the dog pound.

[stockpirate]

As a former firefighter and driver, even when responding to a real call you cannot drive in a manner that is unsafe.

And that speed is an unsafe speed.

[muawiyah]

Just thinking that when he regains full consciousness, starts breathing on his own, and no longer requires massive amounts of morphine to deaden the pain from his many wounds and broken and twisted bones we might get you to deliver the summons AND the traffic ticket to him.

Just tell him "Courtesy of your friends at Free Republic". He'll understand.

[capt. norm]

I don’t think a governor has the right to be running code 3 without a darn good (emergency) excuse.

[cricket]

Don't tink the Imus apology at Rutger's was an emergency. . .I am sorry for his accident for sure; and perhaps he would have not even have survived with a seat belt; but then; perhaps he would be less damaged. . .but whatever; again; and particularly with Libs, the laws; the rules; the restrictions. . .the 'codes' of behavior they love to call up; cite; and or initiate. . .are always for 'others' - their lessors. Personal application never a consideration.

The imposition of 'legalities' on a Lib are like water. . .on a Duck's back. . .

[AZRepublican]

So, Corzine’s SUV was impersonating an “emergency vehicle” so he could avoid traffic delays was he?

[spanalot]

And what about a bill for the totaled state vehicle?

There is only one person responsible for this accident and that is Corzine.

[penowa]

Attended a function at New Bolton (U. Penn Vet school) recently where the faculty informed that Fast Eddie no longer flies around PA’s roads at 100mph, driven everywhere by a state trooper, lights flashing and siren blaring. After he took a lot of heat for it during his first term, he switched to a helicopter courtesy of the hard working taxpayers!

[Kenny Bunk]

What possible time advantage could this speed have achieved for the VIP? I suppose he was going from AC to New Brunswick, (where I believe Rutgers is), so going 90 for even a few miles is not going to get you there usefully faster through the traffic of New Jersey. Imus was there with Girls B-Ball team for 3 1/2 hours.

Try this Corzine aides: "Hello, the Governor is running late, reschedule the photographs and the official statement for when the Governor arrives."

This was an assignment for a helicopter, not a motor vehicle. How could a guy this rich be that dumb?

[sgtbono2002]

Doesnt New Jersey have a helicopter? Why wasnt he using the State helicopter?

[RJL]

So, Corzine’s SUV was impersonating an “emergency vehicle” so he could avoid traffic delays was he?

I wonder what charges you or I would be facing if we caused an accident while using unauthorized emergency lights at 91 miles an hour as the govenor and his crew did.

[motzman]

"in response to an emergency call or in the pursuit of an actual or suspected violator of the law."

Totally an emergency--nappy headed ho's and an Imass were descending upon Princeton!