allfiredup
Member
What is the name of your state (only U.S. law)? Georgia
My sister was cited for violating Georgia's "Move Over" Law today. The law requires drivers to move into an available left lane as they approach an emergency vehicle or law enforcement officer pulled onto the right shoulder. If a lane change is not possible or would not be safe, then the driver must slow to a 'reasonable' speed and be prepared to stop if necessary.
My sister was in right-hand lane of a two-lane interstate and she approached an officer who had another vehicle pulled off to the right issuing a traffic citation. She could not safely move into the left lane due to other vehicles, so she continued in the right lane at approximately 55mph (65mph zone). Within 30 seconds of passing the officer and motorist on her right, an officer was behind her with his blue lights flashing. She actually wasn't aware of the law, but has always tried to move over when possible out of common sense and being a safe driver. She checked the left mirror and couldn't make a lane change, so she proceeded at 10mph under the speed limit. She also counted 13 cars which didn't move over as the officer issued her a ticket on the right shoulder.
I told her that ignorance of the law isn't a valid defense. But it sounds as though she tried to comply with the spirit of the law (which is to protect law enforcement and emergency personnel from being hit by fast moving vehicles).
She asked my advice on how she should handle this. She is 42 and hasn't had any kind of ticket or accident in 10+ years. Worst case scenario, she should be able to go to court and request to attend defensive driving school to avoid having the ticket appear on her MVR. Two nights in a classroom won't be fun and will cost about $100, but it beats a 3pt violation on her MVR and the possible impact it could have on her insurance premiums for the next three years. I am actually her insurance agent and, if her insurer decides to pull an MVR in the next three years (which they do at random on less than 20% of established customers each year), it will cost her up to a 25% increase. Just to be safe, I told her she should avoid having it on her MVR if possible, just to be safe.
But is there any other option? If the cop doesn't appear in court that day, will they throw it out based on her account of events?
Thanks for any guidance you can offer!
My sister was cited for violating Georgia's "Move Over" Law today. The law requires drivers to move into an available left lane as they approach an emergency vehicle or law enforcement officer pulled onto the right shoulder. If a lane change is not possible or would not be safe, then the driver must slow to a 'reasonable' speed and be prepared to stop if necessary.
My sister was in right-hand lane of a two-lane interstate and she approached an officer who had another vehicle pulled off to the right issuing a traffic citation. She could not safely move into the left lane due to other vehicles, so she continued in the right lane at approximately 55mph (65mph zone). Within 30 seconds of passing the officer and motorist on her right, an officer was behind her with his blue lights flashing. She actually wasn't aware of the law, but has always tried to move over when possible out of common sense and being a safe driver. She checked the left mirror and couldn't make a lane change, so she proceeded at 10mph under the speed limit. She also counted 13 cars which didn't move over as the officer issued her a ticket on the right shoulder.
I told her that ignorance of the law isn't a valid defense. But it sounds as though she tried to comply with the spirit of the law (which is to protect law enforcement and emergency personnel from being hit by fast moving vehicles).
She asked my advice on how she should handle this. She is 42 and hasn't had any kind of ticket or accident in 10+ years. Worst case scenario, she should be able to go to court and request to attend defensive driving school to avoid having the ticket appear on her MVR. Two nights in a classroom won't be fun and will cost about $100, but it beats a 3pt violation on her MVR and the possible impact it could have on her insurance premiums for the next three years. I am actually her insurance agent and, if her insurer decides to pull an MVR in the next three years (which they do at random on less than 20% of established customers each year), it will cost her up to a 25% increase. Just to be safe, I told her she should avoid having it on her MVR if possible, just to be safe.
But is there any other option? If the cop doesn't appear in court that day, will they throw it out based on her account of events?
Thanks for any guidance you can offer!
