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Pierce v. State

An officer's testimony was sufficient to support the defendant's conviction for improperly passing an emergency vehicle in violation of the Spencer Pass Law.

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Cynthia Mack Pierce appeals from her conviction for improperly passing an emergency vehicle in violation of the Spencer Pass Law.1 Pierce contends that 1 the law is unconstitutionally vague, and 2 that the evidence was insufficient to support the verdict. Because the constitutional challenge was not timely raised, and because the evidence supports the verdict, we affirm.

Construed in favor of the verdict,2 the evidence shows that an officer was concluding a traffic stop in the center turn lane of a five-lane road. As he walked back to his patrol vehicle, he observed Pierce pass him in an adjacent lane. The officer’s patrol vehicle had its emergency blue lights activated, and the officer observed no traffic that would have prevented Pierce from moving out of the lane adjacent to the officer’s lane. Based on his observation, the officer stopped Pierce and cited her for violating the Spencer Pass Law.

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