2010 Move-Over-Law

General Discussion
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41

Here in Florida, when the law rolled out, it was accompanied by a large advertising campaign, including a grace period in which warnings would be issued. California seems to have dispensed with these common sense provisions. I would take a ticket like that to court. I would also consider hiring an attorney who specializes in moving violations.

As a truck driver, I was trained to move over, when able, for any vehicle parked on the shoulder, so doing so for an emergency vehicle is an old habit. That kind of diligence pays off when some idiot pulls into traffic without first accelerating on the shoulder. Someone once committed suicide by pulling out in front of a semi from the shoulder on an interstate. Even though one of the kids in the car lived, and told authorities his father pulled out deliberately in front of the semi, the truck driver lost his case in court. The jury decided the professional driver should have been scanning ahead for hazards and acting accordingly. While I don’t agree with this ruling, it points out the value of avoiding collisions, regardless of who is at fault. We all know the kid’s father was at fault, the truth is, the professional driver still could have prevented the collision if he had been driving his truck as he was trained to drive it.

The “move over” law says something like if you can’t move over, slow down, but that oversimplifies how many states are enforcing this law. If you are on a two lane road in a no passing zone, or you can’t get over because of oncoming traffic, and you approach a stopped emergency vehicle, slow down (A LOT), since you can’t get over. If you are on a road with more than two lanes, or there is no opposing traffic, get over. Not being able to get over because there isn’t an opening isn’t going to get you very far in court since you will have to basically admit you weren’t paying attention to what was going on down the road in front of you. Even in my car, I can usually see the flashing lights from as much as a mile away, which is plenty of distance to find or make an opening to get over.

If, after trying to get over on a highway with more than two lanes, you find it impossible, you need to slow way down, enough to warrant using your hazard lights, and you better be able to make a good case that you tried to get over, but couldn’t.

42

Caddyman, you might be a militant cynic, but we love you anyway.

43

How did this become a “red light camera” debate? There are plenty of threads on that issue. There is no need to hijack this thread.

Is it really that hard to obey the law when operating a motor vehicle? If you take the trouble, you don’t have to worry whether you are being pulled over because of a scheme or because you did something wrong. Staying legal means you can fight the schemes. Staying legal means you don’t have to explain that, even though you were speeding in the slow lane, you didn’t break the other law for which you received a citation.

If you do fall victim to a scheme, keep in mind that although lie detector tests are not admissible in court, Internal Affairs is free to use them on their officers to determine if they are being truthful. When you can say truthfully, “I was driving legally, and I exercised my 4th, 5th, and 6th amendment rights immediately upon being pulled over,” a legal aid attorney, or a public defender, suddenly turns into freakin’ Matlock. You would be amazed.

44

It’s been “used up?” I don’t fall into lockstep agreement with the police version of every questionable incident, and I don’t think anyone else does either.

Unfortunately, we can’t measure the effects of traffic enforcement when considering how order is maintained, in general, throughout society. The state of order traffic enforcement gives us is easy to take for granted. After all, how can you possibly know, on any given day, that you benefited from their efforts to maintain order? You don’t, so many of us choose to be thankful of the safety and order they provide.

If I can’t convince you to appreciate the overall state of order provided by traffic enforcement, well, you can lead a horse to water, but you can’t make it drink.

45

In North Carolina it has been a law. I’m sure it will and has saved lives. It takes a tragedy or two before these laws are considered so I’m sure it is for a good reason.