Our Georgia law firm helps clients with various traffic-related issues. One violation that drivers often overlook is the “Move Over” law, officially known as the “Spencer Pass Law.” Read on to get more information on a Move Over violation is, the consequences it carries, and how an experienced Georgia Move Over law attorney can help you contest such a ticket. Call Georgia traffic ticket attorneys for a free consultation at 404-315-9936.
Understanding Georgia’s Move Over Law
The Georgia Move Over Law (O.C.G.A § 40-6-16) was enacted in 2003 and updated in 2011 to include utility service vehicles and garbage trucks. The law requires drivers to change lanes when possible or slow down significantly. This applies to stationary emergency vehicles, towing, recovery, or highway maintenance vehicles with flashing lights on the side of the road. The law aims to protect workers who operate near roadways.
Common Misconceptions About the Move Over Law
Many drivers have misunderstandings about Georgia’s Move Over Law. One common misconception is that the law only applies to emergency vehicles like police cars and fire trucks. In reality, it also includes utility service vehicles, towing trucks, and highway maintenance vehicles with flashing lights. Another misunderstanding is that drivers must always move to the farthest lane. The law requires you to change lanes if it is safe to do so, but if changing lanes is not possible, you must at least slow down significantly.
Some drivers believe that if the emergency vehicle is not actively responding to a call, the Move Over Law does not apply. However, the law covers all stationary vehicles with flashing lights, regardless of their current activity. Additionally, drivers often think that minor speeding while moving over is not a violation. Even a small failure to slow down can result in a ticket and points on your driving record.
The Consequences of a Move Over Law Violation
Violating the Move Over law is a serious matter. It is classified as a criminal misdemeanor in Georgia. A first offense can result in a fine of up to $500 and three points on your driving record. These points can lead to higher insurance premiums. Repeat offenders face harsher penalties, including larger fines, more points, and possible license suspension. Points are reported to the DDS, BMV, or DMV when you pay the ticket fine.
Fighting a Move Over Violation with a Georgia Attorney
A knowledgeable Georgia attorney can use several defenses to challenge a Move Over Law violation. Here are some strategies they might use:
- Disputing the Officer’s Perception: An attorney may question if the officer accurately saw whether you could have safely moved over.
- Questioning the Display of Lights: They can check if the stationary vehicle’s lights were working and visible when the ticket was issued.
- Traffic and Safety Conditions: If heavy traffic, bad weather, or road conditions made it unsafe to move over, an attorney can argue you made the best decision.
- Proof of Necessity: If moving over was unsafe or impossible, this could potentially be used as a valid defense.
The Importance of Legal Representation
Every case is unique, and the defenses mentioned may not apply to all situations. An experienced Georgia Move Over law attorney can review your case details and advise you on the best action. Our firm can represent you in court if needed. Attorneys understand the law and local courts, which can improve your chances of a favorable outcome.
Additionally, a lawyer can help you understand the legal process and ensure all paperwork is correctly filed. They can also provide advice on how to handle interactions with law enforcement and the court system, making the experience less stressful.
Additional Reasons to Hire an Attorney
Hiring an attorney can also help you avoid long-term consequences. A clean driving record is important for maintaining lower insurance rates and avoiding license suspension. An attorney can work to reduce or dismiss the ticket, preventing points from being added to your record.
Furthermore, legal advocates stay updated on any changes in traffic laws. They can use this knowledge to your advantage, ensuring that your defense is based on the most current regulations and legal precedents.
Protecting Your Future
A Move Over violation can have lasting effects on your driving record and insurance costs. Each point added to your record can lead to higher premiums and, eventually, license suspension if you accumulate too many points. By hiring an attorney, you take a proactive step to protect your driving history and financial well-being.
Moreover, a lawyer can provide peace of mind during a stressful time. Knowing that a professional is handling your case allows you to focus on other important aspects of your life. Legal representation ensures that you receive fair treatment and that your rights are upheld throughout the process.
Final Thoughts
Call Georgia traffic lawyers 24/7 for a free ticket consultation at 404-315-9936. Let us help you achieve the best possible outcome for your Move Over Law violation.
Georgia’s Move Over Law is crucial for protecting workers on roadways. However, violations can impact your driving record and finances. If you receive a Move Over traffic ticket, seeking professional legal advice is essential. An experienced Georgia attorney can help you maintain a clean driving record and avoid unnecessary penalties.
Remember, the Georgia Move Over law can be confusing. Hiring a seasoned attorney can help you handle this legal issue effectively and protect your rights.
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