Getting a "move over" law ticket can be frustrating, especially if you feel the citation was unfair. These laws, designed to protect emergency responders and roadside assistance workers, vary by state, making fighting the ticket a nuanced process. This guide explores strategies to potentially beat a move over law ticket, emphasizing the importance of understanding your state's specific laws and building a strong defense.
What is a Move Over Law?
Move over laws, also known as "slow down and move over" laws, require drivers to safely move over a lane when approaching emergency vehicles, tow trucks, or other roadside assistance vehicles displaying flashing lights. If changing lanes isn't safe, drivers are required to slow down significantly. The specifics, including the distance you must move over and the speed you must reduce to, vary by state. Failure to comply often results in a fine and points on your driving record.
How to Fight a Move Over Law Ticket: A Step-by-Step Approach
Fighting a move over ticket requires careful planning and execution. Here’s a strategic approach:
1. Understand Your State's Specific Laws
This is the crucial first step. Each state’s move over law has unique stipulations. Review your state's statutes meticulously to identify the exact requirements. Look for loopholes, ambiguities, or exceptions that might apply to your situation. Knowing the exact wording of the law will be invaluable for building your defense.
2. Gather Evidence
Thoroughly documenting the incident is key to a successful defense. This evidence can include:
- Photographs: Pictures of the scene, showing the position of the emergency vehicle and the traffic conditions.
- Witness Testimony: Statements from anyone who witnessed the incident supporting your claim.
- Dashcam Footage: If you have a dashcam, this is invaluable evidence. It provides an objective record of the events.
- Police Report: Carefully examine the police report for inconsistencies or inaccuracies.
3. Identify Potential Defenses
Based on your evidence and a thorough understanding of the law, you can develop potential defenses. Common defenses include:
- Impossibility of Compliance: Was it physically impossible to safely move over? Was traffic too heavy, or was the shoulder unsafe? Document this with photographs and witness statements.
- Insufficient Warning: Did you have adequate warning of the emergency vehicle's presence? Were the lights visible and sufficiently bright given the conditions?
- Police Error: Was there an error in the officer's report or observation? Were the facts inaccurately recorded?
- Unclear Signage: Was the signage indicating the need to move over unclear or missing?
4. Consider Legal Representation
For complex cases or those with significant consequences, consulting a traffic attorney is strongly recommended. An attorney can provide expert advice, analyze the evidence, and represent you in court effectively.
Frequently Asked Questions (FAQs)
How much does a move over law ticket cost?
The cost of a move over ticket varies greatly depending on the state and the specifics of the violation. Fines can range from a few hundred dollars to significantly more, along with potential points on your driving record that can impact insurance premiums.
What are the penalties for violating a move over law?
Penalties generally include fines, points on your driving license, and potentially increased insurance premiums. In some states, repeated violations can lead to license suspension or even jail time.
Can I fight a move over ticket without an attorney?
While you can represent yourself, fighting a move over ticket without legal representation can be challenging. You'll need to thoroughly understand the law, gather evidence effectively, and present a compelling argument in court. Legal representation can significantly improve your chances of success.
What if I wasn't aware of the move over law?
Unfamiliarity with the law is generally not a valid defense. It's your responsibility as a driver to know and obey all traffic laws, including move over laws.
What if I moved over, but the officer still gave me a ticket?
If you believe you complied with the law, you should use this as a key part of your defense. Present evidence supporting your claim, such as dashcam footage or witness statements, to challenge the officer's account.
Disclaimer: This information is for educational purposes only and is not legal advice. The specifics of move over laws vary significantly by state. Always consult with a legal professional in your jurisdiction for advice tailored to your specific circumstances.
