Fire chief issued citation at accident scene

North Merrick Fire Chief James Allen was recently issued a citation by a New York State trooper at an accident scene following a disagreement over blocking traffic lanes.

The accident occurred on the morning of Wednesday, Jan. 26, when an automobile traveling southbound on the Meadowbrook Parkway amid a heavy snowstorm hit a guardrail and spun around until it was facing northbound in the center lane.

According to Allen, the state trooper pulled up to the accident and parked his vehicle behind the scene in the middle lane. Allen, meanwhile, pulled up and positioned his vehicle in the right lane to block the traffic and safely work on the patient.

That is where the disagreement began. “The trooper ordered me to move my vehicle, and I told him I couldn't because it was an unsafe condition,” Allen said.

The trooper repeated the request, said Allen, and then threatened to arrest him if he did not comply. “I told him, ‘I guess you're going to have to lock me up because I'm not moving the vehicle,’” Allen said.

North Merrick fire volunteers attended to the driver, who was rushed to Nassau University Medical Center in East Meadow with a concussion and a broken arm.

The trooper then asked for Allen’s license and registration, said Allen, who gave it to him, and the trooper wrote him a summons for failing to comply with a lawful order. Allen is due in traffic court in Hempstead on March 7.

"The reason why I didn't move my vehicle was for the safety of my members and myself working on the patient,” Allen said.

The chief said he plans to plead not guilty. “I’m fighting this all the way,” he said.

The trooper’s identity has not been has released. “They had a disagreement at the scene,” said Frank Bandiero, a spokesman with the state troopers. “[Allen] pled not guilty on his ticket, he's going to fight it in court, and will have every opportunity to do so."

On Jan. 1, a new law called the “Move Over Law” took effect, whereby vehicles must move over and give a full lane of separation at an accident scene. The law, however, is intended for accidents occurring in outside lanes or on the sides of roads, and not for accidents in the middle lane. “For all intents and purposes, the whole parkway should have been shut down,” Allen said.