Getting a "move over" law ticket can be frustrating, especially if you feel the citation was unfair. Understanding the specifics of your state's move over law and building a strong defense are crucial to potentially getting the ticket dismissed or reduced. This guide will walk you through the process. Note: I am an AI and cannot provide legal advice. This information is for educational purposes only, and consulting with a traffic attorney is highly recommended.
What is a Move Over Law?
Move over laws, also known as "slow down and move over" laws, require drivers to slow down and, if possible, safely move over a lane when approaching emergency vehicles, including police cars, ambulances, fire trucks, tow trucks, and even roadside assistance vehicles, that are stopped on the side of the road with their lights flashing. The exact specifics vary by state, so understanding your state's legislation is paramount.
Common Reasons for Move Over Law Tickets
Many move over tickets result from drivers failing to:
- Slow down: Not reducing speed appropriately near emergency vehicles.
- Move over: Failing to change lanes when it's safe to do so, or not attempting to move over at all.
- Ignoring the lights: Disregarding the flashing lights of emergency vehicles.
- Unsafe lane changes: Making unsafe lane changes while attempting to move over.
How to Fight a Move Over Ticket: Building Your Defense
Fighting a move over ticket requires careful preparation and a strategic approach. Here's a breakdown of how to build your case:
1. Gather Evidence:
- Obtain a copy of the ticket: This includes the date, time, location, and the officer's name and badge number.
- Review the police report: This will outline the officer's account of the incident.
- Take photos of the scene: If possible, take pictures of the location to show traffic conditions and the visibility of the emergency vehicle.
- Gather witness statements: If anyone witnessed the incident and can support your account, obtain their contact information and statements.
- Check your dashcam footage: If you have a dashcam, the footage can be crucial evidence.
2. Understanding Your State's Move Over Law:
- Specific requirements: What exactly does your state's law mandate? What are the exceptions, if any?
- Distances and speeds: What are the required distances and speed reductions?
- Lane change requirements: When is it required to change lanes? What if it's unsafe?
3. Potential Defense Strategies:
- Challenging the officer's testimony: If you believe the officer's account is inaccurate, you may be able to challenge their statements based on your evidence.
- Claiming unsafe conditions: If changing lanes was genuinely unsafe due to heavy traffic or other hazards, this can be a valid defense.
- Lack of sufficient signage: If there were inadequate warning signs, this may weaken the prosecution's case.
- Unclear visibility of the emergency vehicle: If the emergency vehicle was difficult to see due to weather conditions or other obstructions, you may have grounds to argue this.
4. Choosing Your Course of Action:
- Plea bargain: Negotiating a lesser charge or reduced fine.
- Traffic school: Attending traffic school might be an option to avoid points on your license.
- Trial: This is a more involved process and requires a solid defense.
Frequently Asked Questions (FAQs)
How much is a move over ticket?
The cost of a move over ticket varies greatly by state and the specific violation. Fines can range from a few hundred dollars to much more, and points may be added to your driving record, which can increase insurance premiums.
Can I get my license suspended for a move over violation?
A move over violation could potentially lead to license suspension depending on the state, the severity of the violation, and your driving record.
What if I didn't see the emergency vehicle?
While this may be considered by the court, it's generally not a strong defense. Drivers are expected to maintain awareness and vigilance while driving.
Can I fight a move over ticket without a lawyer?
You can try, but it is strongly recommended to consult with a traffic attorney. They understand the complexities of traffic laws and can build a strong defense on your behalf.
Remember, this information is for educational purposes only. Always consult with a qualified legal professional to discuss your specific case and options. The laws and procedures surrounding move over tickets can be complicated, and having experienced legal counsel can significantly increase your chances of a successful outcome.
