Any Traffic Law Geniuses On Board? Move Over Ticket

I got a bogus move over ticket and I'm headed to a trial. How do you obtain GSP video? it will clearly prove that I could not move over because another SPEEDING car was to my left. The ticket is $700....

Did you slow down because you couldn't move over?

Hire an attorney. I'd rather pay him $500 to make them eat crow than the $700 for a bogus ticket. Either way you're going to pay. Pick your poison.

What is a "move over" ticket?

dawg2 said:

What is a "move over" ticket?

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http://www.gahighwaysafety.org/highway-safety/move-over-law/

Dustin Pate said:

Did you slow down because you couldn't move over?

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Yes I did slow down. I had one car in front of me and one to the left speeding past me. When I saw the trooper hit his lights I thought he was going for the speeder. I guess move over pays more....

treemanjohn said:

Yes I did slow down. I had one car in front of me and one to the left speeding past me. When I saw the trooper hit his lights I thought he was going for the speeder. I guess move over pays more....

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Not moving over endangers the officer more. That is likely the reason he chose you over the speeder.

Your fine money will go to the county you were stopped in, not the GSP.

Isn't the law slow down and or move over

PappyHoel said:

Isn't the law slow down and or move over

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Yep.

From the link I posted earlier.

2. If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.

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Request it from the Court. If they have video they have to make it available to you. Did they show you the video when you were stopped.

Had something similar with Game Warden. He had video but did not tell us about it until just before the trial. Judge delayed the trial until we could look at the video.

PappyHoel said:

Isn't the law slow down and or move over

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That is correct in the way it was written because you CAN'T always move over and still be safe in doing so. I remember reading that it advised motorists to slow down to below the posted speed limit as quickly as possible and move to your immediate left in a safe manner IF IT WAS POSSIBLE.

I would fight that ticket until hades froze over and they were having a winter carnival there instead !!!

In fact, for $700 involved, if my wife and family members were riding with you, I would have them in court as well and have them testify as to the speeding vehicle on your left so that you couldn't pull over.

"2. If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop."

Looks like if you were running 69 in a 70, you're gold.

treemanjohn said:

Yes I did slow down. I had one car in front of me and one to the left speeding past me. When I saw the trooper hit his lights I thought he was going for the speeder. I guess move over pays more....

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So he picked you over the car in front of you that had set the pace?

I see Ga decided to write this law with ambiguous, subjective language.
Language about reasonable speeds and if safety allows do nothing but allow the court to interoperate the law according to their own beliefs on the issue.
If it's a pro cop court you will loose. If it's pro citizen you will probably win.

treemanjohn,

I just got off of the phone with a close friend of mine who worked for GSP and retired from them after 35 plus years and he still works in Law Enforcement and now has over 44 years experience in that field.

He advised that the camera comes on when the blue lights are activated in GSP vehicles so I would contact the GSP personnel located at the actual post that covers the area that you were in at the time and advise them that you want to see the actual video of this stop. I would surely pursue doing that immediately and do what is necessary to obtain a copy of that even if I had to get an attorney involved. This could possibly save you a bunch of $$$$$.

treemanjohn said:

When I saw the trooper hit his lights I thought he was going for the speeder.

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You should not have to move over if he did not have his lights on already. I had a friend get a ticket this way. He lawyered up and court ruled that since the officer was on the side of road with lights off he was not required to move over.

Lawyer costs as much as the ticket be he felt better about it.

You didn't specify, but was he finishing up with a traffic stop? Or was he just sitting on the side of the road?

Am I right or wrong to assume lots of these tickets get thrown out when they are contested because the amount of effort required to make them hold up in court?

treemanjohn said:

I got a bogus move over ticket and I'm headed to a trial. How do you obtain GSP video? it will clearly prove that I could not move over because another SPEEDING car was to my left. The ticket is $700....

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First of all, don't get excited or let it show if it's getting under your skin. Not to the charging officer, the judge or the prosecutor.

If your complaint is legit as you state, the first and cheapest stop on your voyage to trial is to just make an appointment to discuss it with the prosecutor. Remain calm, just explain it to him along with the reason the officer may not have "noticed" the vehicle traffic blocking you both to the side AND behind. Note, blocking you to the side is not going to cut it because you could have just slowed down and pulled in behind them. That's a non starter likely to inflame someone you are hoping will just cut you a break.

This is as much contact as I'd make with any law enforcement prior to trial. Many times if the cop just views this as a run of the mill stop he may not even show up for court. Every one there expects you to just walk in and pay up. If the charging officer is not there then immediately move for dismissal citing your right to a speedy trial and you've already been inconvenienced enough as you are completely innocent. You probably won't get it, they will probably just reschedule for trial but I've had it dismissed before at the first go.

If the cop doesn't show up TWICE almost any judge will dismiss. IF he does show up and you have to go to trial then you ask for a continence to consult counsel. The prosecution has already used one continuance it's only fair you are entitled to one. I've only ever had this denied one time. If you are forced to go to trial or he shows up the next time, that is when you ask for all relevant video the state has of the instance. You were there, you should know if it will help or hurt your case and if they HAD it and can't produce it then move for dismissal. If they have it and want time to produce it, move for dismissal under "speedy trial".

Only as a last resort do you stand in front of the judge and argue it out with the officer. You will almost always lose. Exceptions cited above.

dixiecutter said:

Am I right or wrong to assume lots of these tickets get thrown out when they are contested because the amount of effort required to make them hold up in court?

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I don't KNOW but I would guess, you are wrong.