Move over law? Can I fight it?

Question

I was traveling through a state last weekend that has a law that my state does not. It is called a move over law. I have been doing some reading on this law and I think it is a great law how and it is one that I would abide by this law with out question. In fact I think every state should have this law. My problem is being that I come from a state the does not have this law and I knew nothing about it can I fight it or is it worth fighting?

I have been very good at keeping my record clean and I would like to keep it that way.

To give you an over view of the law on a 2 lane high way you have to move over and slow down to 20mph below the posted speed limit. I moved over and I did drop my speed but not by 20mph. I was doing 58 in a 65 left of center. I was very polite to the officer and asked many questions on this subject as I had not heard of this law and to tell you the truth I was curious to hear about it. I did ague that I had moved over how ever he pointed out that I was not going 45.

Answer 1

You are required to be familiar with the laws wherever you drive, so ignorance of the law is no excuse. However, as other people have suggested if you do contest it and politely tell you side of the story the judge may give you a break, if it is a violation that allows a lesser fine and not just a set one.

You have to think about if it is worth your time to appear in court in another state or if it would just be better to pay the ticket and move on.

Now I am curious what exactly this "move over" law is that you are refering to as I can think of three or four motor vehicle laws in my state that in some way address "moving over" (slower vehicles move right, yielding to emergency vehicles, keep right except to pass, etc)

Answer 2

This is what I would do. Plea guilty with an explanation on the back of the ticket. When you send the ticket in you need to include a well written, typed letter addressed to the DA appologising to the Court and the officer explaining that your home state does not have this law and that you are very sorry for this and that you learned your lesson.

Worst case you will get the ticket, pay the fine and get the points, best case they will just charge the minimum fine and no points.

But you were wrong and you do not really have any other recourse.

Answer 3

Ignorance of the law does not excuse it. It is your responsibility to know the laws for the road you are traveling. Most officers would normally give a warning in this position. Which makes me think you either were: a.) being rude to the officer. OR b.) buzzed the officer so close/fast that he felt threatened or endangered

Answer 4

There is a chance that you could plea void for vaugness on this law. Since your state doesnt have it then it would be difficult for you to know that the law existed. However, as a motorist visiting or driving through another state, you are expected to know the laws of that state (speed limits, registration, basic traffics regulations).

Answer 5

It is a driver's responsibility to know the traffic laws in the state(s) he or she will be traveling in.

Now, with that in mind, you can fight it, but it all depends on the judge. The judge may say what I have listed above, or he may let you by without penalty. It is a 50/50 gamble.

Best of luck!

Answer 6

Explain to the court that you are deeply sorry and were unaware of the law because you are from a state where it does not exist.

That may not totally get you off the hook, but it is very likely that you may get a reduced fine.

Answer 7

all states have the expectation that if a person is in the state, reguardless of the reason, they are required to obey the laws of that state.

just like we expect anyone who comes into the US to obey the laws of the US. europen people are not allowed to drive on the other side of the road just because the laws where they live are different.

Answer 8

Hang'em High..2pts..lalalalal>>>>>

Answer 9

I dont think that it is worth fighting because if someone sees that you had a move over violation it is not going to be the end of the world because it is not that bad.

Answer 10

Well commen sense would tell you to move over anyway, just incase the officer, paramedic, firefighter, or suspect had to walk, run or move into the lane.