My wife was pulled over a couple weeks ago for failing to move to an adjacent lane when passing an emergency vehicle. Please correct me if I am wrong in this, but the "Move Over Law" states that you must either move to an adjacent lane or slow down well below the speed limit when passing an emergency vehicle on the side of a road. When my wife passed the police car, she was on an off-ramp (so there was no posted speed limit), and she did slow down considerably more than she would have otherwise. I feel we have a pretty good case to argue against this ticket, but would it be worth it? I am not sure how much the fine is, nor do I know if this violation would result in points on her DL. Thanks in advance for your advice!
Your wife’s Move Over ticket is worth fighting since the fine can be as high as $500. Slowing down is not enough unless moving over to the other lane would be unsafe or impossible. I would advise discussing a lesser charge with the prosecutor (“solicitor”) so that she can attempt to avoid points on her driving record. She should argue that since she was on a one-lane exit ramp, she couldn’t move over and therefore did the next best thing by slowing down. Below, is the statute 40-6-16: The operator of a motor vehicle approaching a stationary authorized emergency vehicle that is displaying flashing yellow, amber, white, red, or blue lights shall approach the authorized emergency vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows:
1. Make a lane change into a lane not adjacent to the authorized emergency vehicle if possible in the existing safety and traffic conditions; or
2. If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.
b. The operator of a motor vehicle approaching a stationary towing or recovery vehicle or a stationary highway maintenance vehicle that is displaying flashing yellow, amber, or red lights shall approach the vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows:
1. Make a lane change into a lane not adjacent to the towing, recovery, or highway maintenance vehicle if possible in the existing safety and traffic conditions; or
2. If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.
c . Violation of subsection (a) or (b) of this Code section shall be punished by a fine of not more than $500.00.
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