Ticketed: UNSAFE TOWING DEVICE

[Hot Runr Guy]

I wonder how many of you bothered to watch the OP's video in post #68, where he re-created the tow. At the 6 second mark, he is off the freeway, and on an exit ramp. At the 8-9 second mark, there are clearly opportunities to move off the road. He continued thru a traffic signal and a couple more turns.
I wonder if he had pulled over earlier, instead of continuing on, if the ticket would have been written? Or, like he mentioned, actually talked to the LEO, rather than waving and continuing?

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[d7602002]

It sucks that OP received a "citation" for being a "Good Samaritan". Since the Advent of the cell phone (and dashcam for that matter), and pretty much everyone having one, and most (notice that I said most) have motor vehicle insurance (that for the most part, covers towing, among other things). I do not stop for people on the side of the road like I used to (hard for me being prior Law Enforcement in the USAF). If an accident occurs in front of me, I will stop and render aid as needed, but again with "people" ready to sue for every perceived infraction (as a rule, I just don't stop any more). The days of being a "Good Samaritan" are quickly dwindling. This is just my humble opinion.

I know some will not like your response, but I feel the same. I rarely do anything to help people that could lead to a lawsuit. Sure I might take their shopping cart at the mall and push it to the cart corral for them, figure as long as they got all their groceries out it's not like they can sue me for anything. But being the USA wouldn't surprise me if they tried.

 

[James K]

What does a Good Samaritan Law have to do with using a strap to tow another vehicle?

Seriously, this should be basic knowledge for anyone with a drivers license.

You should ask for your tuition back from law school.

 

[d7602002]

I see a couple posts referencing the Good Samaritan law but I thought that pertained to aiding someone in like a medical situation or an emergency, and if what you did was with good intent and something happened that you weren't liable in a lawsuit from the individual you helped. I don't think it actually has anything to do with helping someone and not getting a ticket from the police.

 

[James K]

I see a couple posts referencing the Good Samaritan law but I thought that pertained to aiding someone in like a medical situation or an emergency, and if what you did was with good intent and something happened that you weren't liable in a lawsuit from the individual you helped. I don't think it actually has anything to do with helping someone and not getting a ticket from the police.

Depends, was this disabled vehicle at risk?

 

[d7602002]

Depends, was this disabled vehicle at risk?

It's possible. And if it was an emergency then what I mean is if he started towing that vehicle and ripped the front end out, Then the Good Samaritan law at least might protect him if the owner of the other vehicle tried to sue him for damages. I'm just saying I don't think it covers that you were doing something to help someone so you can't get a ticket. You know what I mean?

 

[James K]

It's possible. And if it was an emergency then what I mean is if he started towing that vehicle and ripped the front end out, Then the Good Samaritan law at least might protect him if the owner of the other vehicle tried to sue him for damages. I'm just saying I don't think it covers that you were doing something to help someone so you can't get a ticket. You know what I mean?
[/QUOT

It's possible. And if it was an emergency then what I mean is if he started towing that vehicle and ripped the front end out, Then the Good Samaritan law at least might protect him if the owner of the other vehicle tried to sue him for damages. I'm just saying I don't think it covers that you were doing something to help someone so you can't get a ticket. You know what I mean?

Just google it.

 

[NedF]

This thread reminds me of the time my ex-wife called me to tell me her car had broken down in the middle lane at the base of a major bridge.

I asked her do you have the kids? - No

She wanted me to come and help... I told her call a tow truck and stay inside the car, there was nothing I could do for her!

Luckly for her it was rush hour and the bridge had an assigned tow truck waiting off to the side and he hooked her up and got her off the highway quickly.

 

[TwoTone]

I see a couple posts referencing the Good Samaritan law but I thought that pertained to aiding someone in like a medical situation or an emergency, and if what you did was with good intent and something happened that you weren't liable in a lawsuit from the individual you helped. I don't think it actually has anything to do with helping someone and not getting a ticket from the police.

That's exactly what it has to do with.

Your honor, I can not be charged with reckless driving- I'm a Good Samaritan driving someone to the hospital- 120mph in a 35 is irrelevant.

So now towing falls under treatment or injury.

Good Samaritan laws offer legal protection to people who give reasonable assistance to those who are, or whom they believe to be injured, ill, in peril, or otherwise incapacitated.[1] The protection is intended to reduce bystanders' hesitation to assist, for fear of being sued or prosecuted for unintentional injury or wrongful death. An example of such a law in common-law areas of Canada: a Good Samaritan doctrine is a legal principle that prevents a rescuer who has voluntarily helped a victim in distress from being successfully sued for wrongdoing. Its purpose is to keep people from being reluctant to help a stranger in need for fear of legal repercussions should they make some mistake in treatment.[2] By contrast, a duty to rescue law requires people to offer assistance and holds those who fail to do so liable.

 

[dochawk]

But I have in fact had a judge look at the cop and do the “really” thing.

I've seen more than a couple of these over my years as an attorney.

My favorite is one in which an old lady fell in the crosswalk of a busy intersection, an alert man promptly pulled over and dashed out to help her.

While he was there 25 feet away, a meter maid cited his vehicle for being parked in the crosswalk!

The judge stared at the meter made in disbelief before dismissing the charges.

15 over the speed limit in most states is reckless operation

er, no, not on the freeway, at least.

I see a couple posts referencing the Good Samaritan law but I thought that pertained to aiding someone in like a medical situation or an emergency,

The standard meaning of the word is a law that absolves a Good Samaritan for civil liability for simple negligence when rendering aid in an emergency. It does not mean a defense to criminal (including citation level) charges.

 

[Motorjunkie]

A lawyer might be worth your time- I would certainly start with the part where they can't note the pickup truck part right.

A lawyer will never be worth your time or your money lol!

 

[Maverickman74]

Having towed dozens of vehicles by strap without incident, I can't believe the gall of this Texas officer. I guess they forgot who they work for. So much for freedom.

 

[Glen Baker LLC]

Having towed dozens of vehicles by strap without incident, I can't believe the gall of this Texas officer. I guess they forgot who they work for. So much for freedom.

Freedom has been a facade for a long time.

 

[TwoTone]

Having towed dozens of vehicles by strap without incident, I can't believe the gall of this Texas officer. I guess they forgot who they work for. So much for freedom.

LOL I always love the I got busted for violating X equals freedom is gone.

 

[Bobkath]

Thanks for the update and video.
Good on you for assisting the driver.
Go to court if you can, take the video of the no shoulder highway. The judge should have some common sense when the cop did not. Unless of course your towing looked like that insane video that was posted towing a car from the rear....

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