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Move Over Violation

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FlDriver82

Junior Member
I was pulled over for the first time in my life for a violation of the Move over law in Florida. (statute 316.126.1b1) I was not aware of this law but have always slowed down and/or yielded to police, ambulances, etc. I was traveling on I-95 N going 60 (in a 65 zone) and slowed down when I saw a car, tow truck and state trooper on my left. I did not have enough time to move over. The state trooper did not have his lights on. After I passed him, he flicked his lights on and came up behind me. I know I was not speeding, I was well under the speed limit, so I assumed that he just needed to get to another scene and moved into the right lane as soon as I could to let him pass me. He then followed behind me, and I realized that I was actually being pulled over. I looked at my spedometer and I was going 55mph, and I'm pretty sure that I was going slower than this when I passed him because I sped up when he came behind me in order to switch lanes and get out of his way. So I pull over and he yells over the speaker for me to get out of my car with my paper work and license. He was standing behind his car door when I approached him. He was very hostile and yelled down at me the entire time (I am a 25 y/o woman, only 5'2") and I felt very threatened. I never copped an attitude. He stated that the law was that I was supposed to slow down TO 20mph (which I found out to be incorrect when I did the research later) or move over when a cop's lights are on. I explained that I could not mover over that quickly but I had slowed down but not to 20mph and that I did not see his lights on. He continued to yell at me then about the tow truck's lights and asked me to get back in the car. I was shaken and the only reason I stayed calm was because I had 3 friends in the car with me who also did not understand the law as I related what the trooper had told me.
He gave me the ticket and stated on the ticket that I had passed service patrol and 2 state cars patrol cars with emerg. lights activated. I only saw one cop car and he did not have his lights on.

It is $124 ticket that I really can't afford but I can't really afford a lawyer either, so I want to try and take it to court myself. What should I do??? Do I have a good defense??
I am a safe driver, I have never been pulled over before and only got one ticket in 2003 (over 5 yrs ago) for an accident which I took to court and had dismissed.
I am considering filing complaint against the officer - he was very hostile and angry with me and I can't possibly understand why he would make me get out of the car and approach him in that manner. Is that possible? I am 25 y/o, 5'2'' and only 85lbs! How could he have felt threatened by me?!

Any advice/info would be good. Thanks!
 


seniorjudge

Senior Member
Speak with the prosecutor and see if you can get a plea bargain for a non-moving violation.



I am considering filing complaint against the officer - he was very hostile and angry with me and I can't possibly understand why he would make me get out of the car and approach him in that manner. Is that possible? I am 25 y/o, 5'2'' and only 85lbs! How could he have felt threatened by me?!

If I were a cop, I'd put Mother Teresa in cuffs if I arrested her.
 

patstew

Member
I am considering filing complaint against the officer - he was very hostile and angry with me and I can't possibly understand why he would make me get out of the car and approach him in that manner. Is that possible? I am 25 y/o, 5'2'' and only 85lbs! How could he have felt threatened by me?!
A complaint about what? Yelling at you?

And if you take a breath and think about it a moment, he had no way of knowing that you were that size until you got out of the car. They have to take precautions.
 

Zigner

Senior Member, Non-Attorney
He gave me the ticket and stated on the ticket that I had passed service patrol and 2 state cars patrol cars with emerg. lights activated. I only saw one cop car and he did not have his lights on.
Ahhh, so by your own statement, your were not attentive enough to observe everything that was going on... (See how it's going to work in court?)
 

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