# Georgia's move over law $732 fine!!



## GONoob (Sep 1, 2015)

Firstly, I know this law by heart and always moved over when i could but in this particular case I could not due to rush hour traffic so I slowed down to 40mph. The cop wrote on my citation that he observed me going 55mph. Does this hold up in court?

Anyone have any advice on how to fight this or get it reduced? Suggestions for lawyers in Gwinnett county? I was ticketed in Duluth. $732 fine and mandatory appearance is a little harsh..


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## oops1 (Sep 1, 2015)

I'm like you.. I do everything in my power to move over.. Even for semis and broken down cars.. Sometimes.. You just can't. I can't help you but..I hope you fight this and win. Seems way excessive to me.


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## specialk (Sep 1, 2015)

I thought the law stated if you couldn't move over you must at least reduce speed.....


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## GONoob (Sep 1, 2015)

specialk said:


> I thought the law stated if you couldn't move over you must at least reduce speed.....



Yes, to a safe and reasonable speed. Very vague and up to the officers discretion on what is reasonable I guess


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## Bucky T (Sep 1, 2015)

Time to go to court.  If you honestly got boxed in and couldn't move over, I'd fight it tooth and nail.


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## GONoob (Sep 1, 2015)

If I really was going 55 in a 45 why didn't he also write me a speeding ticket too?!


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## Flash (Sep 1, 2015)

He was running the radar during a stop on another driver??


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## gobbleinwoods (Sep 1, 2015)

GONoob said:


> Yes, to a safe and reasonable speed. Very vague and up to the officers discretion on what is reasonable I guess



From memory but I thought you were to reduce your speed by 20 mph.


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## GONoob (Sep 1, 2015)

Flash said:


> He was running the radar during a stop on another driver??



No he was not. He was alone sitting off to the side with no lights on


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## T-N-T (Sep 1, 2015)

GONoob said:


> No he was not. He was alone sitting off to the side with no lights on



Then why would you be required to slow for that?


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## GONoob (Sep 1, 2015)

TopherAndTick said:


> Then why would you be required to slow for that?



Trust me, everything about this infuriates me.. Lawyers want $500-800 and they all tell me it's their word vs mine


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## Gadestroyer74 (Sep 1, 2015)

I am a  trucker and never have heard you have to move over for a cop sitting on the side of the road not making a stop or anything.. Like mentioned I do also move over for all vehicles of can you just never know. But that sounds ridiculous to me


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## Luke0927 (Sep 1, 2015)

Guy I work with a couple of years ago on 400 in Alpharetta. He swears he moved over 1 lane cop wrote him the same ticket. It was $400+ then. He couldnt get out of it. Good luck!


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## Lilly001 (Sep 1, 2015)

I would have my day in court. These days the officers word alone isn't the lock it used to be. 
I would explain it to the judge in a calm organised manner. Then I would ask the cop how he surmised the speed. Opinions usually don't carry much weight.


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## Killdee (Sep 1, 2015)

That was a trap, got my son the same way a couple years ago when the law was fresh on the books. The judge did reduce it some.


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## T.P. (Sep 1, 2015)

TopherAndTick said:


> Then why would you be required to slow for that?



Shouldn't have to. He's not helping traffic at all by parking on the shoulder trying to catch a speeder, or from a person having to move over or slow down because he chose to park on the side of the road. All he's doing is slowing the flow of traffic.


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## Oldstick (Sep 1, 2015)

I agree, that is ridiculous.  

That is way more than the $400+ fine I got a while back for not slowing down soon enough past a school zone sign.  I was only a few feet past the sign when I braked to the required speed and probably could have fought it in court, but I had another obligation that could not be avoided on the same time and date.

No flashing lights for a warning at this school, just a sign and I admit I didn't notice the sign ahead of time, but I saw it was a school right at the same time I passed the sign.


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## Hoyt804 (Sep 1, 2015)

The law does not apply to officers that are just sitting on the side of the road monitoring traffic ( no blue lights activated).  If he or another officer was not engaged in some type of enforcement/public safety action (ie: traffic stop, working a crash, or helping a disabled motorist...etc) the citation was issued in error.

Move-Over-Law: Georgia Code, Title 40-6-16.

A. The operator of a motor vehicle approaching a stationary authorized emergency vehicle that is displaying flashing yellow, amber, white, red, or blue lights shall approach the authorized emergency vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows:


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## Nugefan (Sep 1, 2015)

you said the magic word ... Duluth ....

their PD is a joke ....almost seems like a quota system ....


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## T-N-T (Sep 1, 2015)

Hoyt804 said:


> The law does not apply to officers that are just sitting on the side of the road monitoring traffic ( no blue lights activated).  If he or another officer was not engaged in some type of enforcement/public safety action (ie: traffic stop, working a crash, or helping a disabled motorist...etc) the citation was issued in error.
> 
> Move-Over-Law: Georgia Code, Title 40-6-16.
> 
> A. The operator of a motor vehicle approaching a stationary authorized emergency vehicle that is displaying flashing yellow, amber, white, red, or blue lights shall approach the authorized emergency vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows:



You need no lawyer technically.  Just this print out.
Unless your officer decides to lie under oath. 
Then you are in for it.


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## twtabb (Sep 1, 2015)

If he had lights on then dash camera should be activated and you can get a copy. No lights no camera no ticket


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## GoldDot40 (Sep 1, 2015)

Hmmm....
http://www.wsbtv.com/news/news/local/police-cracking-down-drivers-violating-move-over-l/nnWbY/
I would absolutely call one of the big news channels and tell your story. Get some exposure. If the police are abusing this relatively new law, it needs to be brought to the surface. Not taking up for the cop, but it's also possible that he's not clear on how the law works....which is possible...but still not excusable. I would not take this sitting down nor go down without a fight. Good luck.


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## tad1 (Sep 1, 2015)

I would personally show up in court and do my best to be respectful and courteous and see if the judge will either reduce your fine or keep points off of your driving record.  I would try and be tactful and polite if pleading innocent, being seen as argumentative probably won't fly too well.  Unfortunately I would think that hiring a lawyer would be too costly to be worth doing in this situation.
      Good luck and keep us posted on your outcome. 
               JT


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## Walker44 (Sep 1, 2015)

revenue collectors


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## Dr. Strangelove (Sep 1, 2015)

Are you tagged in Gwinnett County?  

A lot of times, if you have tags from somewhere far away, they know it's not worth your time to fight it. 

If it's worth it to take the time off work (plan on spending the day in court) it's worth it to fight this ticket.  

I had NC tags and got a red light ticket (light turned yellow as I went through, not red) in Greenville, SC years ago, but I worked there at the time and my boss said, nope, you go to court.  The judge ended up throwing it out.  (Now I think they were buddies in the local Mason lodge, but hey, he still threw it out)

I got into a fender bender on an icy road in NC once, the State Patrolman who worked the "wreck" told me he though it was probably the other guys fault, but had to assign blame to me the way it happened.  He STRONGLY encouraged me to go to court, they dropped the ticket because my insurance paid for both cars and I paid whatever the court costs were.  I spoke to the clerk of court and never had to go before the judge.

The moral of story is, if it makes sense financially, at least make an appearance in court. Lot's of times they'll throw it out or reduce the fine.


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## gobbleinwoods (Sep 2, 2015)

atl channel 2 did a news story on the move over and how the LEO's were issuing tickets this morning.


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## MudDucker (Sep 2, 2015)

Good luck.  You are running up against the 1st and 2nd rule of criminal law.  Cop gonna lie and judge gonna believe him.  It will take a camera to shake the case, unless this cop has a reputation with that judge of being a liar.


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## westcobbdog (Sep 2, 2015)

I disappointed a GSP trooper on 285 this am, picked him 1/2 mile away, slowed down and also moved over. He looked CensoredCensoredCensoredCensoredCensoredCensored as I passed him.


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## swampstalker24 (Sep 2, 2015)

> A. The operator of a motor vehicle approaching a *stationary authorized emergency vehicle that is displaying flashing yellow, amber, white, red, or blue lights* shall approach the authorized emergency vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows:
> 1. Make a lane change into a lane not adjacent to the authorized emergency vehicle if possible in the existing safety and traffic conditions; or
> 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.
> B. The operator of a motor vehicle approaching a stationary towing or recovery vehicle or a stationary highway maintenance vehicle that is displaying flashing yellow, amber, or red lights shall approach the vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows:
> ...




Looks like the way the law is written, of the officer is simply sitting on the side of the highway trying to catch speeders (with no lights on of course) then the law does not apply.......  I'd fight it if I were you.


Just another example of a cop trying to enforce laws he knows nothing about.... smh


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## swampstalker24 (Sep 2, 2015)

Bassquatch said:


> Hmmm....
> http://www.wsbtv.com/news/news/local/police-cracking-down-drivers-violating-move-over-l/nnWbY/
> I would absolutely call one of the big news channels and tell your story. Get some exposure. If the police are abusing this relatively new law, it needs to be brought to the surface. Not taking up for the cop, but it's also possible that he's not clear on how the law works....which is possible...but still not excusable. I would not take this sitting down nor go down without a fight. Good luck.



From the video, looks like the cops are just sitting on the side of the road, waiting for drivers to ride by and then pulling them over for changing lanes.....

Worse than a dang speed trap IMO


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## StriperrHunterr (Sep 2, 2015)

swampstalker24 said:


> Looks like the way the law is written, of the officer is simply sitting on the side of the highway trying to catch speeders (with no lights on of course) then the law does not apply.......  I'd fight it if I were you.
> 
> 
> Just another example of a cop trying to enforce laws he knows nothing about.... smh



Or using it as a means to pull you over, run your tag, and see what else they can come up with. 

Well, I pulled you over for passing me, but since your license is expired/ you have a warrant out/ I smell alcohol or weed, let's see how far this rabbit hole goes.


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## lbzdually (Sep 4, 2015)

On our way back from Florida a couple of weeks back, I noticed 4-5 police cars at different places with lights on and no one pulled over.  We could see the police car for a while and it was clear someone had not just pulled away.  My wife asked why they were sitting their with the lights on for no reason, now I guess I have my answer.  It looks like we are going to have to do like drivers in Russia do and have a dash cam going all the time to keep cops honest.


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## T-N-T (Sep 4, 2015)

swampstalker24 said:


> From the video, looks like the cops are just sitting on the side of the road, waiting for drivers to ride by and then pulling them over for changing lanes.....
> 
> Worse than a dang speed trap IMO



It looks like a 35 MPH area.  High traffic so you cant move over.  And you are already going slow. 

This law is good in one aspect to help keep people safe.
It is Huge money maker when abused by LEO


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## 280bst (Sep 5, 2015)

I have the up most respect for L.E.O.S But it sure is getting harder and harder. There are so many double standard's going on it's pitiful. This is at All levels the small town, county, state I see the Law doing things that if the citizen did they would put them in Jail. With All the trouble Law Enforcement is having they need to forget the CensoredCensoredCensoredCensoredCensoredCensored and remember why they took the job which is not to produce revenue your job is already hard enough without producing ill feelings toward yourselves and the position. Be safe out there


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## hobbs27 (Sep 5, 2015)

Another reason I'm in the market for a dash cam.


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## chadf (Sep 5, 2015)

Deleted- This is the on topic forum-Admin


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## Walker44 (Sep 5, 2015)

hobbs27 said:


> Another reason I'm in the market for a dash cam.


   I just picked one up today at the WM on 141 east of 400   They had them in the Automotive Assc. area  with all the odd fancy stuff like license plate frames     Shelf price was $39.00


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## Bob Shaw (Sep 5, 2015)

Walker44 said:


> I just picked one up today at the WM on 141 east of 400   They had them in the Automotive Assc. area  with all the odd fancy stuff like license plate frames     Shelf price was $39.00


If you have an old iPhone, there's dashcam apps in the app store. I was going to use my old 4s with a cracked screen as a home security camera, until I saw the dashcam app. I may even download the app to my 5s and use that.


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## chadf (Sep 6, 2015)

That's good stuff !


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## Lilly001 (Sep 6, 2015)

I don't know how Ga. interprets the law. But in Fl. we could only enforce it when the Public safety vehicle or wrecker was actually engaged in a legitimate function. Just sitting with ones emergency lights on was not a valid function. 
That made it nessesary for a second enforcement vehicle to be available.  And we often didn't have enough manpower to even consider that use.
And when we did enforce it we gave warnings for the violation. Our Sheriff saw it as an educational exercise.


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## LEON MANLEY (Sep 6, 2015)

TopherAndTick said:


> You need no lawyer technically.  Just this print out.
> Unless your officer decides to lie under oath.
> Then you are in for it.




I didn't know they would decide to lie under oath, I thought it just came natural.


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## Bob Shaw (Sep 7, 2015)

LEON MANLEY said:


> I didn't know they would decide to lie under oath, I thought it just came natural.


If presidents, Secretary of States, congressmen, senators, mayors, sheriffs, etc. lie under oath, why would we even consider that leo's wouldn't. I think the current thinking is to say whatever it takes to make your point. Truth is but a fleeting fancy.

I apologize to the good leo's out there for this opinion, but, you've got to admit, there are some issues out there.


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## GunnSmokeer (Sep 14, 2015)

there's no specific amount you have to "slow down." 
The law just says slow down and be prepared to stop (if necessary).

There's no specific distance within which you have to finish your move before you get to where the emergency vehicle is. One guy in Forsyth County got convicted, and that was upheld on appeal, for not moving over a half-mile in advance of where the cop was.

As others have pointed out, the officer has to have his lights on. That's an element of the offense.

As to your speed, the status of his lights, and how much you slowed down, it's all going to be your word against his.  And the local judge will always take the side of the cop in a local (municipal or recorder's) court.  No small-court judge would stand a chance of being nominated, or elected, to a higher-level judge's position without having the support of the City and the police.


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## SASS249 (Sep 15, 2015)

For what it is worth. the Georgia Code regarding emergency vehicles:
O.C.G.A. 40-6-6 (2010)
 40-6-6. Authorized emergency vehicles 


(a) The driver of an authorized emergency vehicle or law enforcement vehicle, when responding to an emergency call, when in the pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this Code section.

(b) The driver of an authorized emergency vehicle or law enforcement vehicle may:

 (1) Park or stand, irrespective of the provisions of this chapter;

 (2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;

 (3) Exceed the maximum speed limits so long as he or she does not endanger life or property; and

 (4) Disregard regulations governing direction of movement or turning in specified directions.

(c) The exceptions granted by this Code section to an authorized emergency vehicle shall apply only when such vehicle is making use of an audible signal and use of a flashing or revolving red light visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle, except that a vehicle belonging to a federal, state, or local law enforcement agency and operated as such shall be making use of an audible signal and a flashing or revolving blue light with the same visibility to the front of the vehicle.
 (d)(1) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons.

 (2) When a law enforcement officer in a law enforcement vehicle is pursuing a fleeing suspect in another vehicle and the fleeing suspect damages any property or injures or kills any person during the pursuit, the law enforcement officer's pursuit shall not be the proximate cause or a contributing proximate cause of the damage, injury, or death caused by the fleeing suspect unless the law enforcement officer acted with reckless disregard for proper law enforcement procedures in the officer's decision to initiate or continue the pursuit. Where such reckless disregard exists, the pursuit may be found to constitute a proximate cause of the damage, injury, or death caused by the fleeing suspect, but the existence of such reckless disregard shall not in and of itself establish causation.

 (3) The provisions of this subsection shall apply only to issues of causation and duty and shall not affect the existence or absence of immunity which shall be determined as otherwise provided by law.

 (4) Claims arising out of this subsection which are brought against local government entities, their officers, agents, servants, attorneys, and employees shall be subject to the procedures and limitations contained in Chapter 92 of Title 36.

(e) It shall be unlawful for any person to operate an authorized emergency vehicle with flashing lights other than as authorized by subsection (c) of this Code section.  

Seems to me sitting on the road with lights flashing just to catch move over violators is actually a violation of the code.


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## TimBray (Sep 15, 2015)

> C . Violation of subsection (a) or (b) of this Code section shall be punished by a fine of not more than $500.00. - See more at: http://www.gahighwaysafety.org/highw....sHuvno8k.dpuf



And your fine is $732?    Not an expert but I'm guessing they tacked on court costs, etc.? Hope this works out for you. 

I know that some years back I worked part-time as a wrecker driver for a company that towed for DeKalb. I was constantly surprised at how close most people came to the police car much less the wrecker, and both with their lights on. Some would come so close that it was almost like they were trying to clip the cop car.   I always used the off-side controls simply because I didn't want to be a fatality statistic.


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## oldenred (Oct 5, 2015)

Watched this play out in court a couple years ago by a trucker. The trucker requested video proof since cop cars record now a days. Cop couldn't come up with it so it was dismissed.


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## Jeff C. (Oct 5, 2015)

Fight it......establish just a tad of reasonable doubt in the Judges mind. Perhaps he will wave the fine, or at least reduce it. 

I've done it in a speeding case that I thought I had no chance against a cop that was going to outright lie on the stand.

The Judge waved my fine and reduced the speed, but the citation stayed on my record with NO points.

Like someone above said, the cop in question may have a reputation.


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## Gold Ranger (Oct 7, 2015)

Understand, I get over any time I see someone on the side of the road if I can, but why is it not a law that you get over if I'm changing a flat?  Are law enforcement officer's lives the only ones that matter?  I really do not like this law.


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## GoldDot40 (Oct 7, 2015)

Gold Ranger said:


> Understand, I get over any time I see someone on the side of the road if I can, but why is it not a law that you get over if I'm changing a flat?  Are law enforcement officer's lives the only ones that matter?  I really do not like this law.



It's not just law enforcement. The 'move over' law says you must move over for any 'official vehicle' with their emergency lights activated. This includes LEO's, fire/rescue, EMS, D.O.T., road workers, tow trucks, etc....pretty much just make it a habit to move over any time you see flashing or strobe lights on the shoulder of the road.

And while it may not technically be a law to move over for a disabled vehicle, doing so is just considered common courtesy or just plain common sense....which a heap of drivers don't have.


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## Gold Ranger (Oct 8, 2015)

Bassquatch said:


> It's not just law enforcement. The 'move over' law says you must move over for any 'official vehicle' with their emergency lights activated. This includes LEO's, fire/rescue, EMS, D.O.T., road workers, tow trucks, etc....pretty much just make it a habit to move over any time you see flashing or strobe lights on the shoulder of the road.
> 
> And while it may not technically be a law to move over for a disabled vehicle, doing so is just considered common courtesy or just plain common sense....which a heap of drivers don't have.



I agree 100%, but it should be a law for everyone or a law for no one.


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## mattech (Oct 13, 2015)

So, what happened?


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## GunnSmokeer (Oct 17, 2015)

Another thing cops do that is stupid in light of the "move over" law is sit in their cars with the blue lights flashing just to warn motorists about some activity going on along the road ahead-- trash pick-up, tree limb trimming, utility pole work, etc.
But often these activities are well off the road and there's no reason to make cars move over and leave one lane empty, stuffing all the cars bumper-to-bumper in the other lane. 
If it's not the cop's intention to cause the right lane to be closed and off-limits for traveling vehicles, then don't sit along the road with your lights on! Because the law basically forces the road to be closed (that one lane of the road anyway).


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## Slingblade (Oct 17, 2015)

TimBray said:


> And your fine is $732?    Not an expert but I'm guessing they tacked on court costs, etc.? Hope this works out for you.
> 
> I know that some years back I worked part-time as a wrecker driver for a company that towed for DeKalb. I was constantly surprised at how close most people came to the police car much less the wrecker, and both with their lights on. Some would come so close that it was almost like they were trying to clip the cop car.   I always used the off-side controls simply because I didn't want to be a fatality statistic.



Target fixation...A lot of folks want to see the pretty flashing lights or see what's going on and as soon as they start looking at the commotion, that's what they drift toward...you go where you are looking.


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## Georgia Hard Hunter (Oct 18, 2015)

GunnSmokeer said:


> Another thing cops do that is stupid in light of the "move over" law is sit in their cars with the blue lights flashing just to warn motorists about some activity going on along the road ahead-- trash pick-up, tree limb trimming, utility pole work, etc.
> But often these activities are well off the road and there's no reason to make cars move over and leave one lane empty, stuffing all the cars bumper-to-bumper in the other lane.
> If it's not the cop's intention to cause the right lane to be closed and off-limits for traveling vehicles, then don't sit along the road with your lights on! Because the law basically forces the road to be closed (that one lane of the road anyway).



The move over law (or slow down) law only covers the lighted emergency vehicles not the work crews. The lighted vechicle is there to warn of danger and hopefully prevent accidents with the road crew. After you pass the lighted cop car you can move back into the abandoned lane


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## chadf (Oct 23, 2015)

Anyone listen to the bull ?
94.9 fm


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## GONoob (Sep 15, 2016)

Completely forgot about this thread. Here's an update! I went to court and spoke with the DA before court started. Got the fine reduced to $400 with no points and called it a day. Everything about this still annoys me.


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## T-N-T (Sep 15, 2016)

Sorry for your donation to the county.


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## rayjay (Sep 15, 2016)

Like everything else in society nowadays, need cameras that show 360 degree view from your car and the speedometer.


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## NCHillbilly (Sep 15, 2016)

TimBray said:


> I know that some years back I worked part-time as a wrecker driver for a company that towed for DeKalb. I was constantly surprised at how close most people came to the police car much less the wrecker, and both with their lights on. Some would come so close that it was almost like they were trying to clip the cop car.   I always used the off-side controls simply because I didn't want to be a fatality statistic.



I can remember two state troopers killed in my county on I-40 in the last few years and others injured by oncoming vehicles (usually tractor-trailers,) wiping them out while they were in the emergency lane with lights flashing doing a traffic stop.


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## georgia357 (Sep 15, 2016)

Slingblade said:


> Target fixation...A lot of folks want to see the pretty flashing lights or see what's going on and as soon as they start looking at the commotion, that's what they drift toward...you go where you are looking.



This is so true, I've seen it before from folks on motorcycles, run straight into the side of stopped cars, etc.  Look where you want to go, because you're going to go where you're looking.


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## 4togo (Sep 16, 2016)

Just make sure there wasn't another officer close by with his blue lights on that you may have driven by.


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