I was recently pulled over in Suwanee Ga on Lawrenceville-Suwanee road just past the Satelite Blvd intersection for passing an stationary emergency vehicle. Basically this is the statute:
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Move-Over-Law: Georgia Code, Title 40-6-16.
a. 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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The situation occurred around 11pm. Traffic was light as I pulled out of a cheveron station in my car taking a right into traffic heading westbound. 50 yards from the entrance/exit was a traffic light where a car and a patrol car had taken a left turn in front of me as I pulled out so I was cautious as I proceeding. I also noticed flashing lights ahead from where someone apparrently had been pulled over or there was an accident (I couldn't tell at the time because it was dark and the road curved to where you couldn't see clearly at night to the exact point).
Not 1/10 of a mile was another patrol car sitting in a painted median on the eastbound side at the next light using radar as I was heading westbound. Like most normal people I continued at a slow cautious speed of around 35 miles an hour in a posted speed zone of 45. I already knew something was up ahead just still wasn't sure where. I was coming on the the third light at the intersection of Lawrenceville-Suwanee road and Satelite (less than 2/10 ths of a mile from the 2nd patrol car using radar) which I peeked in my side mirror to see. The 2nd patrol car was still there and there was another car in the left lane behind me coming up. I didn't take notice how far the other car was because I was coming to the intersection and noticed the 3rd patrol car ahead with the flashing lights.
Considering I was coming through the intersection at below posted speeds and having to deal with the issue of the cop that had pulled someone over in a turning lane just past the light on the right side of the road, I really didn't have time to pull over to the left lane just coming through the intersection and trying to pay attention to the patrol car ahead. I slowly passed by the patrol car and proceeded to pass it and wanted to make sure there wasn't any traffic coming out of the parking lot at that turn lane.
As I passed the 3rd patrol car, I wasn't even a 1/10 of a mile when I saw the lights of the 3rd patrol car behind me. Having had issues with a front light I thought maybe my light had shorted out again (I had the receipt to show I had attempted to fix it along with the bad plug) so I pulled over. I could have pulled into the turning lane like the last unfortunate person did but I didn't want to put anyone at risk so I pulled into the IHOP resturaunt parking area instead. That in itself took about 8 seconds (4 seconds to actually make the decision and turn in and 4 seconds to find a place to park).
The cop informed me of this law and asked if I had ever heard of it. To be honest I never did hear of it but it was just common sense to me to either slow down or move to the left lane (which I normally do if I can) to avoid any incident. The officer asked me how long I had lived in state, which was most of my life. Then she asked me if I had saw any of the commercials on TV. I don't usually watch tv unless it's a major event on cnn or fox. In fact I didn't even have cable tv for a year or so. I use the internet to get any news I need.
She ran my tags and license and then gave me a $654 ticket citing that in her opinion I could have moved over and stating that there was no other traffic in the left lane (at this point I lost the other car behind me either at the light or he may have passed me but I was to busy concentrating on getting past the original incident without causing another incident).
I informed her that I had not been ticketed with a violation in 20 years and that this wasn't right. She ignored my plea and left. I wasn't about to get into an argument with the cop so I just kept my mouth shut.
I am going to take this to court and fight it. There is no reasonable way that a driver can maintain their attention on speed, traffic lights, other patrol cars while crossing a major intersection and a stationary patrol car that pulled over another person less than 50 yards away when you are coming upon them after immediately coming through a light around a curve on a dark night where it's not lit very well to begin with.
I guess the question is could I have pulled over? I don't believe I could have even going 35 miles an hour without taking a chance of removing my vision from the patrol car in the turning lane with the lights on while taking a chance of something occuring just after I had passed a major intersection. I would have had to take my attention off the patrol car to make sure I wasn't turning into traffic especially from someone making a turn into the west bound traffic from the intersection. The patrol car was just in a bad location.
My question is should I review the police camera by requesting a copy and knowing that the officer did NOT indicate my speed on the ticket if I have a reasonable case here? The speed isn't really hard to dispute due to how far I was from the incident to where I was pulled over. Everything I stated happened within a mile from pulling out of the cheveron to pulling into the IHOP parking lot.
Thanks.
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Move-Over-Law: Georgia Code, Title 40-6-16.
a. 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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The situation occurred around 11pm. Traffic was light as I pulled out of a cheveron station in my car taking a right into traffic heading westbound. 50 yards from the entrance/exit was a traffic light where a car and a patrol car had taken a left turn in front of me as I pulled out so I was cautious as I proceeding. I also noticed flashing lights ahead from where someone apparrently had been pulled over or there was an accident (I couldn't tell at the time because it was dark and the road curved to where you couldn't see clearly at night to the exact point).
Not 1/10 of a mile was another patrol car sitting in a painted median on the eastbound side at the next light using radar as I was heading westbound. Like most normal people I continued at a slow cautious speed of around 35 miles an hour in a posted speed zone of 45. I already knew something was up ahead just still wasn't sure where. I was coming on the the third light at the intersection of Lawrenceville-Suwanee road and Satelite (less than 2/10 ths of a mile from the 2nd patrol car using radar) which I peeked in my side mirror to see. The 2nd patrol car was still there and there was another car in the left lane behind me coming up. I didn't take notice how far the other car was because I was coming to the intersection and noticed the 3rd patrol car ahead with the flashing lights.
Considering I was coming through the intersection at below posted speeds and having to deal with the issue of the cop that had pulled someone over in a turning lane just past the light on the right side of the road, I really didn't have time to pull over to the left lane just coming through the intersection and trying to pay attention to the patrol car ahead. I slowly passed by the patrol car and proceeded to pass it and wanted to make sure there wasn't any traffic coming out of the parking lot at that turn lane.
As I passed the 3rd patrol car, I wasn't even a 1/10 of a mile when I saw the lights of the 3rd patrol car behind me. Having had issues with a front light I thought maybe my light had shorted out again (I had the receipt to show I had attempted to fix it along with the bad plug) so I pulled over. I could have pulled into the turning lane like the last unfortunate person did but I didn't want to put anyone at risk so I pulled into the IHOP resturaunt parking area instead. That in itself took about 8 seconds (4 seconds to actually make the decision and turn in and 4 seconds to find a place to park).
The cop informed me of this law and asked if I had ever heard of it. To be honest I never did hear of it but it was just common sense to me to either slow down or move to the left lane (which I normally do if I can) to avoid any incident. The officer asked me how long I had lived in state, which was most of my life. Then she asked me if I had saw any of the commercials on TV. I don't usually watch tv unless it's a major event on cnn or fox. In fact I didn't even have cable tv for a year or so. I use the internet to get any news I need.
She ran my tags and license and then gave me a $654 ticket citing that in her opinion I could have moved over and stating that there was no other traffic in the left lane (at this point I lost the other car behind me either at the light or he may have passed me but I was to busy concentrating on getting past the original incident without causing another incident).
I informed her that I had not been ticketed with a violation in 20 years and that this wasn't right. She ignored my plea and left. I wasn't about to get into an argument with the cop so I just kept my mouth shut.
I am going to take this to court and fight it. There is no reasonable way that a driver can maintain their attention on speed, traffic lights, other patrol cars while crossing a major intersection and a stationary patrol car that pulled over another person less than 50 yards away when you are coming upon them after immediately coming through a light around a curve on a dark night where it's not lit very well to begin with.
I guess the question is could I have pulled over? I don't believe I could have even going 35 miles an hour without taking a chance of removing my vision from the patrol car in the turning lane with the lights on while taking a chance of something occuring just after I had passed a major intersection. I would have had to take my attention off the patrol car to make sure I wasn't turning into traffic especially from someone making a turn into the west bound traffic from the intersection. The patrol car was just in a bad location.
My question is should I review the police camera by requesting a copy and knowing that the officer did NOT indicate my speed on the ticket if I have a reasonable case here? The speed isn't really hard to dispute due to how far I was from the incident to where I was pulled over. Everything I stated happened within a mile from pulling out of the cheveron to pulling into the IHOP parking lot.
Thanks.
