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Ultra Member
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Jul 4, 2009, 05:49 PM
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Georgia Move Over Law.
So... I just got pulled over...
I've had a clean driving record for the past 4 years... and I just got pulled over for violating Georgia's "Move Over" law...
The law states that if an emergency vehicle is on the side of the road, you should move one lane over (if you can) to give them room, and if you can't, you should slow down enough and be prepared to stop. This is my point of view on this:
I was about a quarter mile away from my exit, so I moved over to the most right lane, and while going along a turn, I saw a police officer, so I couldn't make a decision in time to change lanes... so I slowed down, and veered to the left as much as I could within my lane. The officer got behind me, so I slowed down further, and exited, and went into a mcdonald's parking lot.
He got annoyed it took me so long to pull over... but it was simply because I was at an exit ramp and didn't see a "safe and reasonable" area to pull over on.
Anyway, I searched around and found out this ticket is about $500 avg, and apparently adds 4 points to my license (class 1 misdemeanor) My court date is August 11, and I'm actually leaving August 9.
I understand that this law is in effect due to how many officers lose their lives because of drivers who hit them while they're pulled over... and I completely agree, this law is important. The thing is... $500 AND 4 points on my license?! Class 1 misdemeanor?
My defense is... I didn't have enough time to decide to switch lanes, and I was focusing on giving the police officer enough room so I was veering to the left.
... $500?! 4 points?. jesus. Anyone a traffic attorney? All I want is a lesser fine and no points... help?
And yes, I know I broke the law. I fully admit it.
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Pest Control Expert
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Jul 4, 2009, 06:06 PM
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Were the officer's lights on when he was on the side of the road? A patrol car is not an "Emergency Vehicle" if it is simply parked. I would try to talk to a DA or get the date moved up. If that particular officer can't make it to a sooner court date you can have it dismissed.
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Uber Member
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Jul 4, 2009, 11:30 PM
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Yeah I would say an exit ramp on the highway is not the safest place to be pulling over.
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Computer Expert and Renaissance Man
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Jul 5, 2009, 05:32 AM
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Leaving for what? I would try and push back the hearing if I can. The longer you do that the more of a chance the officer won't show.
Your major problem is you have a he said/she said situation. I would take pictures of the ramp to show that stopping on the ramp was impractical.
I would also try to get a definition of emergency vehicle.
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Expert
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Jul 5, 2009, 06:47 AM
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Originally Posted by ISneezeFunny
... I couldn't make a decision in time to change lanes...so I slowed down, and veered to the left as much as I could within my lane. ... I was at an exit ramp and didn't see a "safe and reasonable" area to pull over on .... My defense is...I didn't have enough time to decide to switch lanes, and I was focusing on giving the police officer enough room so I was veering to the left.... And yes, I know I broke the law. I fully admit it.
Make up your mind: did you break the law or not?
If not, quit admitting that you did.
And shouldn't this be in the criminal law forum?
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Ultra Member
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Jul 5, 2009, 10:13 AM
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I figured this would be in the "traffic law" forum.
I broke the law, I did not move over one lane. Was it practical for me to move over one lane? That part's questionable, as I had a split second decision to make... it was either to move over one lane, or to focus on slowing down and giving the officer space... I chose the latter.
I am leaving August 9 for med school.
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Expert
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Jul 5, 2009, 11:10 AM
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Originally Posted by ISneezeFunny
I broke the law, I did not move over one lane. Was it practical for me to move over one lane? That part's questionable, ...
You told us that "The law states that ... you should move one lane over (if you can) ..."
No, if what you say is true, you didn't break the law because the exception (you can't do it) applies. I'm not arguing semantics here. You should not be saying "Judge, I broke the law, but give me mercy"; you should be saying "Judge, I didn't break the law because I could not move over under the circumstances. Therefore acquit me."
It's an important distinction.
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Ultra Member
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Jul 5, 2009, 03:45 PM
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That's the argument I wish to plead. Thanks for your perspective.
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