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  1. #1
    Chris.F Guest

    Move over law in GA

    What is the name of your state? Georgia

    OK. here is the story. saturday, November 24th i was driving back to Atlanta from Athens. i was on hwy 78 in the right lane moving with traffic. traffic was fairly heavy. as i crested a hill i saw a GSP on the right shoulder of the road with his blue lights on. i usualy move over out of curtesy, but there was too much traffic to move to my left. also, i saw him about 300 yards before i passed him. i didnt have much time to react, one way or the other. anyways, after i passed him, he pulled onto the hwy, and pulled me over. he gave me a warning for 64 in a 55, and wrote me a ticket for "the move over law". i am a Firefighter, and i have never heard of this law. anyways, what should i do? i was planning on transfering to city of atlanta police dept this spring, and this ticket might put a end to that idea. what should i do?

    btw, the move over law states anyone passing a stationary police, fire, or rescue vehicle with its lights on (blues or reds) must move one lane oppisite the vehicle if possible, and must slow to 10mph below the speed limit if moving over is not possible or legal. (code section 40-6-16)
  2. #2
    lwpat is offline Senior Member
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    Check with the DMV. This may be one of those violations that is not entered on your record.
  3. #3
    Chris.F Guest
    I called the DMV, and they said it does go against my record. it is a 3 point offense. and it has a minumum fine of $680.00.

    I am still uncertain as to how he clocked me. On my ticket he only wrote the speed that he said i was going, and i did not ask him. on the last ticket i received (back in 2002) the officer had to write the ser.# of the radar gun, and the last calibration of it on the ticket. do they still have to do this? What would be the best way to fight it?
  4. #4
    JETX is offline Senior Member
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    Quote Originally Posted by Chris.F
    What would be the best way to fight it?
    Fight what??? You got a WARNING on your speeding, so there is nothing to 'fight' there. And your post already admitted that you didn't comply with the 'move over law'. Seems pretty simple to me..... accept the consequences of YOUR action and accept the punishment.
  5. #5
    Chris.F Guest
    Quote Originally Posted by JETX
    Fight what??? You got a WARNING on your speeding, so there is nothing to 'fight' there. And your post already admitted that you didn't comply with the 'move over law'. Seems pretty simple to me..... accept the consequences of YOUR action and accept the punishment.
    i guess i did not state the reason i want to fight it. i was not traveling at 64 MPH. the law states that if you cannot move over, you must slow to 10mph below the speed limit. i slowed down as much as safely possibe in the few hundred yards i had before i passed him. i have never received a ticket i did not deserve, untill this one. i dont believe i deserve it. though i did not know the law existed, i still observed the officer, and slowed accordingly. your statement would be appropriate for a 18 year old punk trying to fight a ticket he deserved, but i am not that.
  6. #6
    JETX is offline Senior Member
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    Quote Originally Posted by Chris.F
    ii was not traveling at 64 MPH. the law states that if you cannot move over, you must slow to 10mph below the speed limit. i slowed down as much as safely possibe in the few hundred yards i had before i passed him.
    And you still don't get it. First, you did NOT get a speeding ticket, so the 64 MPH is NOT relevant.
    The ONLY issues as to the ISSUED citation are:
    1) Did you change lanes?? No.
    2) Did you slow down to at least 10 MPH BELOW the posted speed limit?? Apparently not.

    So, how fast were you going when you passed the patrol car??

    If you feel you did slow down to 10 MPH below the limit, then go to court and present your case.
    Pretty simple, huh???
  7. #7
    Chris.F Guest
    Quote Originally Posted by JETX
    And you still don't get it. First, you did NOT get a speeding ticket, so the 64 MPH is NOT relevant.
    The ONLY issues as to the ISSUED citation are:
    1) Did you change lanes?? No.
    2) Did you slow down to at least 10 MPH BELOW the posted speed limit?? Apparently not.

    So, how fast were you going when you passed the patrol car??

    If you feel you did slow down to 10 MPH below the limit, then go to court and present your case.
    Pretty simple, huh???
    look, I do get it.
    1. i could not phisicaly change lanes due to the heavy traffic.
    2. yes i slowed to atleast 10mph below the speed limit.

    the 64 mph is relevent. the reason? how did he get that number? how did he clock me? did he pull that number out of his ass? did he wife leave him? hell i dont know. I want to go to court as prepared as possible. Any judge would laugh at me if i walked into court and stated i was going 10mph below the speed limit. i have no proof i was. how should i present my case?

    and with all due respect, if you are just going to tell me to accept the consequences of my actions, please dont respond. i believe i have been wrongfully ticketed, that is the reason i am going to go to court and fight this ticket.

    and thanks to anyone that can help me. this is a great site, very usefull for those of us who are not law savvy.
  8. #8
    JETX is offline Senior Member
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    Quote Originally Posted by Chris.F
    i believe i have been wrongfully ticketed, that is the reason i am going to go to court and fight this ticket.
    Wonderful. And since your actions are already determined, what the hell did you hope to gain from posting on this forum???

    One more time.... and very simple so that you can follow:
    The officer gave you a ticket. You don't agree and have decided to defend yourself in court.
    Do you really expect anyone from this forum, who was NOT there at the time, has only heard YOUR side to this, and does NOT have ALL the evidence and facts to say:
    "Oh, of course the officer was wrong!! And of course, the court will dismiss the ticket!!! Go get 'em, cowboy!!"

    Go fight the ticket. That is your right. I only suggest you take enough money to pay the fine.
  9. #9
    Chris.F Guest
    you spoke your thoughts in your first post, i responded appropratly, explaining my situation. your comments "you still dont get it" and "one more time, very simple so you can follow" are not needed. again, if you are going to be of no help, go away. btw, i see your post count is quite high. how many of those are useful, and how many of those are like the ones above?

    all i am asking for is the best way to approach this. my degrees are in the fire behavior and medical feilds (paramedic). not law.

    thanks again to anyone who can help me with this.
    Last edited by m martin; 12-03-2004 at 12:08 PM.
  10. #10
    You Are Guilty is offline Senior Member
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    What you need when you go to court is legally admissible evidence of your actions. Such evidence includes, but is not limited to, the following:

    [list]Time (and date)-stamped video of your car showing the view out of the windshield and your speedometer simultaneously (or on "split screen") which show your decent to the proper speed limit while passing the officer.[*]Series of photographs showing the above, although you will have to authenticate that they were a "fair and accurate" representation of the objects being depicted.[*]Eyewitnesses (a bus load of nuns is ideal) who can testify in court as to your speed.[*]A time machine, at least large enoguh to comfortably seat you, the prosecutor and the judge, in order to revisit the scene of the crime.[*]Government satellite photos showing the incident (these are hard to get since these satellites don't "officially" exist, but ask your local congressman).[*]Affidavits of any sasquatches, bigfoots, yetis or other mythical creatures (i.e. leprechauns, trolls, goblins, unicorns, etc) who may have witnessed the event.[*]Your priest, who, with your written waiver, can testify that you confessed that your speed was below the limit shortly after the incident.[*]Any prostitutes you may have visited to testify as above, (no written waiver is required for them).[*]Any audio recordings you may have made at the time of the traffic stop.[/list]

    In addition to the $680 in cash, I'd also try to bring a book on yoga with you to court, since you'll probably need the flexibility to kiss your money goodbye after you see how much in court costs they're going to tack onto the ticket.

    Good luck.
    Quote Originally Posted by Tranquility
    Once you get to crazy land, it is only a guess on how to get out.
  11. #11
    Chris.F Guest
    Quote Originally Posted by James Young
    I like the lawyer idea. I have a very knowledgeable acquaintance in Atlanta. I'll see if he recommends somebody in particular. If so, I'll PM you. Keep checking.
    sounds good. thank you very much.

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