Georgia Move Over Law 40-6-16

[Assist]

Recently, I was driving home around 3:30am when I passed four parked law enforcement cars with emergency lights on both sides of a two lane road. As I passed the officers I slowed down. I know that the "move over law" states I should move over, but on a two lane road with police on both sides there was no way to switch lanes without getting close to the police on the opposite side of the road. Needless to say, I was cited stating I failed to slow down and move over when I know that I slowed down; however, upon reviewing the citation I noticed that the officer failed to note the sobriety test and the results (he alleges he smelled alcohol), showing I was not intoxicated nor did the citation indicate that it was a two-lane road, nor did he indicate my speed to show that I failed to slow down. I understand and respect the "move over law" but I feel that I was cited unfairly. The citation holds a hefty price tag in excess of $700 and points against my license. Any suggestions on disputing the charge?

 

[Betty3]

You can plead not guilty & tell your side of the story to the judge or you can talk to a traffic law attorney who might be able to help you.

 

[guestpost]

Thanks for the response.

 

[army judge]

Recently, I was driving home around 3:30am when I passed four parked law enforcement cars with emergency lights on both sides of a two lane road. As I passed the officers I slowed down. I know that the "move over law" states I should move over, but on a two lane road with police on both sides there was no way to switch lanes without getting close to the police on the opposite side of the road. Needless to say, I was cited stating I failed to slow down and move over when I know that I slowed down; however, upon reviewing the citation I noticed that the officer failed to note the sobriety test and the results (he alleges he smelled alcohol), showing I was not intoxicated nor did the citation indicate that it was a two-lane road, nor did he indicate my speed to show that I failed to slow down. I understand and respect the "move over law" but I feel that I was cited unfairly. The citation holds a hefty price tag in excess of $700 and points against my license. Any suggestions on disputing the charge?

Hire a lawyer, without one you have NO chance at overcoming this charge.

I also don't think you completely UNDERSTAND the law!!!

You are required to "move over - making a lane change" OR "slow down BELOW the posted speed limit".

I usually slow down by 25-30 MPH below the speed limit when I am UNABLE to effect a SAFE lane change!

In some states, the "slow down" part of the law is even lower.

It can be as much as HALF of the posted speed limit.

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.