Move over law--NC ??

[ylime33]

I got pulled over near Burlington, NC because I passed (in the left lane) a cop who had another car pulled over on the left shoulder (ie I was in the lane nearest the cop). Apparantly this is against the law in NC....the ticket is $125, 2 license points and 1 insurance point (we think) and my lawyer says she thinks its even a Class 2 Misdemeanor. She says I should ask for a prayer for judgement to get out of it...even though I didnt even know it was a law. I guess I'm asking for a second opinion or if anyone has even HEARD of this law. I swear i'm the first person to get a ticket for it.
btw...statute is NCGS 20-157(f)

 

[NYClex]

Yes, this is a pretty common safety law. Most highway patrol officers killed in the line of duty are not killed by some ax wielding serial killer, but actually by motorists crashing into them or their cruisers while they are dealing with accidents, pulled over cars etc. Therefore the legislature enacted this law. It reads:

(f) When an authorized emergency vehicle as described in subsection (a) of this section is parked or standing within 12 feet of a roadway and is giving a warning signal by appropriate light, the driver of every other approaching vehicle shall, as soon as it is safe and when not otherwise directed by an individual lawfully directing traffic, do one of the following:

(1) Move the vehicle into a lane that is not the lane nearest the parked or standing authorized emergency vehicle and continue traveling in that lane until safely clear of the authorized emergency vehicle. This paragraph applies only if the roadway has at least two lanes for traffic proceeding in the direction of the approaching vehicle and if the approaching vehicle may change lanes safely and without interfering with any vehicular traffic.
(2) Slow the vehicle, maintaining a safe speed for traffic conditions, and operate the vehicle at a reduced speed until completely past the authorized emergency vehicle. This paragraph applies only if the roadway has only one lane for traffic proceeding in the direction of the approaching vehicle or if the approaching vehicle may not change lanes safely and without interfering with any vehicular traffic.

Now as you can see, there are two options for conduct in this situation: either move into another lane or slow down if moving into another lane would be unsafe. That gives your attorney some room to argue. But don't hold your breath, most judges who know the numbers of officers killed on the roads will not be sympathetic to drivers charged with this. Those warning lights on the cruisers have a meaning.