Georgia's Move -Over Law

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nufella

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AS I told the officer who gave me a citation for failing to move over, I realize that "ignorance" is no excuse... However, I did not realize that his vehicle, looking like an ordinary private vehicle was an emergency vehicle when I spotted it on the shoulder. Now I am fined $650. I live in Savannah and traffic court is at 5pm in Dublin. Is there any recourse for a slightly unware motorist? I think I have an excusable explanation. Help!

Thanks,

Nufella
 
In GA you do have the right to a jury trial and you may have a chance of them finding you not guilty. You can mail or fax your not guilty plea with a request for jury trial to the court and avoid the arraignment. Just be sure to check with the clerk.

It does clearly have to be an emergency vehicle with his lights flashing.

An attorney can usually get it reduced and you will not have to go to court but expect to spend 300 to 500. If you need a resource send me a PM.

Your other option is to show on your court date and see what they offer. If you are not satisfied you can then plead not guilty and ask for a jury trial. Just don't let them talk you into a NOLO. This is usually not a good option.
 
move over law.

Why not a NOLO. I got a ticket in Villa Rica, Ga. It was raining and I was in the slow lane cause I was going to get off the exit ramp a little before the exit there were 2 police cars blue lights on I slowed down my exit was ahead the police cars were there cause 3 cars had ran off the road. Then all of a sudden here he comes I got off my exit and pulled over he gave me the ticket when when I checked the ga code on my ticket it was 40-16-15 which was suspended res. That was not the case I called they said the officer had wrote down the wrong code and they would send me a letter of the correction. I also got a letter to take a class for 25.00 that would reduce the fine to 150.00. The officer said I had could have moved over I slowed down and did not cause it was raining and I was getting off just ahead.
I have to go to that class tomarrow at 4:00 which I have to get off work and I am to bring 175.00 with me I thought about taking the class and going to court to fight it should I, they say it will not go on my record if I do that.
 
Just wondering... how did you not know it was an emergency vehicle? Were the red/blue lights not flashing? If they weren't then you have a very good argument to make. If they were, then you really don't have much to argue at all.
 
First you can NOT send in a not guilty plea in the mail or by fax. Usually you can waive arraignment but most judges here will not allow a non-lawyer to do it. Other than that his advice is good. Take a jury trial and see what kind of offer you get. Dublin is very bad for traffic tickets. I would echo Moose when asking, were the blue lights flashing?

You don't plead NOLO because all that does is prevents you from getting the points, you will still get the fine. Further you can only plea NOLO one time every 5 years. Sounds like you have already.
 
move over law.

mightymoose said:
Just wondering... how did you not know it was an emergency vehicle? Were the red/blue lights not flashing? If they weren't then you have a very good argument to make. If they were, then you really don't have much to argue at all.
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It was 2 police cars and the blue lights were on. I did slow down but did not get over because of the hard rain and getting off at my exit about a 1000 ft ahead. Why not do a NOLO?
 
You can plead NOLO if you want, it will keep the points off your record, will PROBABLY keep them from suspending your license but you will pay the full fine. If you go to lwpat's site you can get more specific information on fighting this ticket. Let me look up the violation and see what the elements are that they have to prove.

I would get a continuance, then plead not guilty and ask for a jury trial, and when I showed up for the calendar call I would see what kind of deal I could cut.
 
SJgallo, please start your own thread. You are causing confusion in the answer. I just noticed that we had two different posters.
 
sjgallo said:
It was 2 police cars and the blue lights were on. I did slow down but did not get over because of the hard rain and getting off at my exit about a 1000 ft ahead. Why not do a NOLO?
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Was there other traffic on the road which may have made it unsafe for you to move over and move back to make your exit? If you slowed, and if the conditions are such that you can argue the lane change would have been unsafe with your exit at that location, then you can make a reasonable argument. The law allows for situations in which you do not have to move over, but must slow down if you stay in the lane.
 
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