Our law firm has spent a considerable amount of time assisting clients with a variety of traffic-related issues. One type of violation that drivers often overlook or misunderstand is the “Move Over” law, formally known as the “Spencer Pass Law.” This post will explain what a Move Over violation is, the consequences it carries, and how an experienced Move Over Law violation 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 further amended in 2011 to include utility service vehicles and garbage trucks, along with the already included emergency vehicles. The law requires drivers to make a lane change when possible or slow down significantly if they approach stationary emergency vehicles, towing, recovery, or highway maintenance vehicles that are displaying flashing lights on the side of the road. This provision is a safety measure designed to protect those who work on or near roadways.
The Consequences of a Ga Move Over Law Violation
Failing to adhere to the Move Over law is not a light matter. It is considered a criminal misdemeanor in Georgia. The penalties for a first offense can include a fine of up to $500 and points on your driving record, potentially leading to increased insurance premiums. For repeat offenders, the consequences can be even more severe, including higher fines, more points on your driving record, and license suspension in some cases. The total points assessed to your driving record for a Move Over Law violation in Georgia is 3. If you just pay the ticket fine, the points will automatically report to the DDS, BMV or DMV in your state.
Fighting a Move Over Violation with a Georgia Attorney
Though the charges may seem straightforward, there are multiple defenses a knowledgeable Ga attorney can employ to challenge a Move Over violation. Here are a few strategies that might be applicable to your case:
- Disputing the Officer’s Perception: An experienced traffic attorney may be able to question the officer’s perception of the incident. For example, if the officer was not in a suitable position to accurately gauge whether you could have safely moved over, this could be a point of contention.
- Questioning the Display of Lights: The law requires the stationary vehicle to have flashing lights activated. A Ga Move Over Law attorney can investigate if the vehicle’s lights were functioning properly and were visible at the time of the alleged violation.
- Traffic and Safety Conditions: If it was not safe for you to move over due to heavy traffic, bad weather, or road conditions, an attorney can argue that you made the safest decision possible under the circumstances.
- Proof of Necessity: The law stipulates that a driver must move over “if it is safe to do so.” If you can prove it was unsafe or impossible to move over, this may serve as a valid defense that an
The Importance of Legal Representation
It’s crucial to remember that every case is unique.The defenses listed above might not apply in all situations. This is where the role of an experienced Georgia move over law attorney becomes vital. A Ga Move Over Law attorney can review the specifics of your case, advise you on the best course of action, and represent you in court if necessary. Their knowledge of the law and the local legal system can significantly improve your chances of reducing the points and the violation itself.
In conclusion, Georgia’s Move Over Law is undoubtedly crucial for protecting the lives of those who work on our roadways. However, there are instances where drivers may be unfairly penalized. If you find yourself in such a situation, do not hesitate to seek professional legal advice. It could mean the difference between a clean driving record and an undeserved violation and points as well.
Remember, the Ga Move Over law is complex, and understanding your rights for can sometimes be daunting. But with a seasoned Georgia move over law violation attorney by your side, navigating these legal waters can become much more manageable.
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