At about 10:00pm on a saturday night I was traveling South on I-85 about to exit off of Beaver Ruin Road. On the far right shoulder an officer had a vehicle pulled over. Being that I was getting off on the exit coming up I was already driving far under the posted speed limit, so I stayed in the right lane closest to the officer and proceeded with caution. As I was exiting the freeway, I was pulled over by an officer who told me that I failed to abide by the "Move Over Law".
For those that dont know, the move over law states that when an emergency vehicle is on the side of the road, drivers must move over one lane if possible. If traffic is too congested or it is an unsafe situation for the driver to merge into the next lane over, the law requires drivers to slow down below the posted speed limit and be prepared to stop.
I was driving below the posted speed limit and cautious of the officers location. There was a car to the left of me and besides, I was exiting within the next 200 ft.
2007-11-28 23:08:45 · 3 answers · asked by just_ask 2 in Politics & Government ➔ Law & Ethics
From what you have stated above, unless the traffic was too heavy (one car does not equal "heavy" traffic) or there was and "unsafe" reason you did not merger over into the next lane over, you are are guilty of violating the law.
Under the law, you have the right to ask for your day in Court; however, that could end up being 6 months to 2 years down the line and taking time of work for several Court appearances (the first appearance will be the pleading where you plead not Guilty, the next one will be the Court date where the police officer is allowed a no-show on the first date, then there could be several Court continuances due to the Court not having time to hear your case if other more pressing matters, such as criminal cases, clog the docket that day) and then it will come down to your word and any witnesses you have against the ticketing officer as to what happened and unless you have more of a compelling case than what you have indicated above, the Judge is more likely going to go with the officer's version.
If you lose, you not only pay the fine, but cost costs, which could end up being more than the ticket.
2007-11-29 04:00:20 · answer #1 · answered by bottleblondemama 7 · 1⤊ 0⤋
Sounds like you did everything correctly. If possible I would go back to the scene and take some photographs that you can show in court. You should also consult an attorney. In the long run an attorney will be cheaper than your insurance increasing.
2007-11-29 07:13:24 · answer #2 · answered by Jennifer H 4 · 1⤊ 1⤋
Fight the ticket....you did everything correctly in the way the law was written.
2007-11-29 07:19:24 · answer #3 · answered by auntcookie84 6 · 1⤊ 1⤋