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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 118809
Experience:  Attorney with over 24 years of law and traffic law
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A cop was parked on the shoulder of the road facing on-coming

Customer Question

A cop was parked on the shoulder of the road facing on-coming traffic to talk with another cop facing the other way. Neither had any parking lights on, and the on facing traffic was dangerous close to the road. I honked to let them know it was a dangerous situation.
The cop then pulled me over and claimed it was excessive use of the horn.
Are cops allowed to be facing the wrong direction and no more than 5 ft. off the road with no parking light?
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, yes, the police have the latitude and discretion to park facing the opposite direction on the side of the road. However, they are not allowed to create a hazard without activating some type of warning lights to protect themselves. Of course 5 feet from the road is a safe distance from the roadway as no car should be driving that far off of the road either.
You have a very good chance though of getting the ticket dismissed, because the police are not likely to appear in court and also based on you describing the hazardous situation with them being parked on the wrong site of the road with no lights. So go to court, plead not guilty and when you go to court ask for a conference with the prosecutor and in 99.9% of these cases the prosecutor will dismiss this citation.