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Old 05-17-2008, 07:16 AM
 
7 posts, read 25,538 times
Reputation: 11

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My husband just got a ticket in Cape Coral for not slowing down when two cop cars were sitting on the side of the bridge. On the ticket it states Move Over Act as the reason for the ticket. As far as I understood everything I have ever been told or read about the Move Over Act, you had to either slow down or change lanes. My husband was in the opposite lane and slowed down as soon as he was able to and still got a ticket! Also, the cops were sitting as soon as you go over the top of the bridge, so you can't really see them until you are were they are. I just wanted to see if anyone else has had problems with this or maybe I am misunderstanding the laws...
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Old 05-17-2008, 09:33 AM
 
Location: JAX
353 posts, read 1,032,959 times
Reputation: 164
This is from FHP website....

Drivers are now required to "move over" or "slow down" when approaching an authorized emergency vehicle that is stopped on a highway in Florida. The "Move Over Act", passed during the 2002 session of the Florida Legislature, was signed by Governor Jeb Bush on May 1, 2002.

There are several important provisions concerning this new law. Effective July 1, 2002, on interstate highways or other highways with two or more lanes traveling in the direction of the emergency vehicle, and except when otherwise directed by a law enforcement officer, drivers approaching a law enforcement or other authorized emergency vehicle parked on a roadway with their emergency lights activated, are required to vacate the lane closest to the emergency vehicle, as soon as it is safe to do so.

When approaching a law enforcement or other authorized emergency vehicle parked on a two-lane roadway with their emergency lights activated, and except when otherwise directed by a law enforcement officer, drivers are required to slow to a speed that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater; or travel at five miles per hour when the posted speed limit is 20 miles per hour or less.
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Old 05-17-2008, 04:56 PM
 
7 posts, read 25,538 times
Reputation: 11
Thanks, thats what I read also. But the cops are saying that you need to move over and slow down not one or the other.
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Old 05-18-2008, 06:03 AM
 
Location: Black Hammock Island
4,304 posts, read 12,958,245 times
Reputation: 3913
Quote:
Originally Posted by R1v3rRat View Post
This is from FHP website....

Drivers are now required to "move over" or "slow down" when approaching an authorized emergency vehicle that is stopped on a highway in Florida. The "Move Over Act", passed during the 2002 session of the Florida Legislature, was signed by Governor Jeb Bush on May 1, 2002.

There are several important provisions concerning this new law. Effective July 1, 2002, on interstate highways or other highways with two or more lanes traveling in the direction of the emergency vehicle, and except when otherwise directed by a law enforcement officer, drivers approaching a law enforcement or other authorized emergency vehicle parked on a roadway with their emergency lights activated, are required to vacate the lane closest to the emergency vehicle, as soon as it is safe to do so.

When approaching a law enforcement or other authorized emergency vehicle parked on a two-lane roadway with their emergency lights activated, and except when otherwise directed by a law enforcement officer, drivers are required to slow to a speed that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater; or travel at five miles per hour when the posted speed limit is 20 miles per hour or less.
Ummm ... I just learned something new .... the third paragraph above regarding a two-lane road doesn't specifically state which sides of the road the driver and emergency vehicle are on. It just says "when approaching" which could mean either from behind (on the same side of the road) or heading towards (on the opposite side of the road). I thought the slowing-down part of the Move Over Act was only mandatory if you were driving on the same side of a two-lane road as the parked emergency vehicle. Guess I was wrong. Sorry that I had to learn something at your husband's expense 14Jose.
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Old 05-18-2008, 06:44 AM
 
Location: Black Hammock Island
4,304 posts, read 12,958,245 times
Reputation: 3913
I just had a thought 14Jose ... since the Move Over Act is a state issue rather than a local one, consider posting your question on the Florida Forum to see if anyone in other parts of the state has had the same scenario.

Florida Forum - Relocation, Moving, Local City Discussions - City-Data Forum
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Old 09-16-2011, 05:27 PM
 
1 posts, read 4,751 times
Reputation: 10
cops are pulled over with lights flashing on a local road in order to catch people. They have their radar on and wait for a car to pass them that does not slow to the 20mph speed. I passed one of these and I could not get over. As I attempted to get over the car behind me cut me off and I could not get over. the speed limit was 45 and the cop said her radar clocked me at 40 mph. I have no tickets on my record. I have heard that if you fight the ticket they will knock it down to 0 points so it will not hurt your insurance or driving record
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Old 09-16-2011, 05:35 PM
 
Location: Port Charlotte, FL
3,979 posts, read 8,870,719 times
Reputation: 1881
Here is information from the Florida Department of Safety and Motor Vehicles web site: DHSMV: Safety First Messages/Move Over Tips

What should I do if I see an emergency vehicle parked on the side of the road with lights flashing?
Multi-Lane Roadway:
When approaching an emergency vehicle with lights flashing parked on the side of a multi-lane road, you MUST move over by changing lanes away from the emergency vehicle as soon as it is safe to do so. Motorists must vacate the lane closest to an emergency vehicle to prevent crashing into the emergency vehicle or any emergency workers performing their jobs in the area.

Two-Lane Roadway:
When approaching an emergency vehicle with lights flashing parked on the side of a two-lane road, you MUST slow down to 20 mph below the posted speed limit and approach with caution unless otherwise directed by an emergency worker on the scene.

What if I am not able to move over safely or change lanes away from the emergency vehicle?
If you are unable to move over or change lanes safely, you MUST slow down to at least 20 mph below the posted speed limit.

If I cannot change lanes safely should I stop my vehicle in the roadway?
No, you must slow down while maintaining a safe speed. You must not stop in the roadway or block the flow of traffic.

What can I do to prevent an accident when approaching an emergency vehicle, traffic congestion, a crash scene, or a construction area?
Stay alert! The single most important thing you can do to protect yourself and others is to pay attention behind the wheel. If you keep your eyes ahead of you on the road, pay attention to the activity around you (other vehicles, signs, etc.) you will be able to anticipate problems and react more quickly to any potentially dangerous events.

What can happen if I break Florida's Move Over Law?
If you are caught, you will be issued a ticket and have to pay a fine. More seriously, you could crash into an emergency vehicle or strike an emergency worker, causing serious injury or death. You could injure or kill another person or yourself.
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Old 09-16-2011, 08:16 PM
 
25 posts, read 42,462 times
Reputation: 17
Soon after I moved to Cape Coral, I saw two police cars parked behind a car on Pine Island Rd. Soon after I passed them, the second policeman quickly pulled me over. They set up these traps up and down Pine Island Rd as well as I-75.

I fought the ticket in traffic court because the policeman did not clock my speed on his radar gun. In my experience you have a much better chance of winning your case if you're speed wasn't clocked.
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Old 09-16-2011, 08:27 PM
 
1,299 posts, read 1,994,031 times
Reputation: 245
Quote:
Originally Posted by 14Jose View Post
My husband just got a ticket in Cape Coral for not slowing down when two cop cars were sitting on the side of the bridge. On the ticket it states Move Over Act as the reason for the ticket. As far as I understood everything I have ever been told or read about the Move Over Act, you had to either slow down or change lanes. My husband was in the opposite lane and slowed down as soon as he was able to and still got a ticket! Also, the cops were sitting as soon as you go over the top of the bridge, so you can't really see them until you are were they are. I just wanted to see if anyone else has had problems with this or maybe I am misunderstanding the laws...
You will have to go to court and contest it. If the judge believes your husband then you wont have to pay the ticket.
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Old 09-17-2011, 12:49 PM
 
Location: on the edge of Sanity
14,267 posts, read 16,463,779 times
Reputation: 7919
Quote:
Originally Posted by damehrtens View Post
I have no tickets on my record. I have heard that if you fight the ticket they will knock it down to 0 points so it will not hurt your insurance or driving record
Fighting a ticket usually doesn't help. Very few people win a case when a cop accuses them of a traffic violation. However, with most moving violations, you can pay a lesser fine and take a safe driving course and you won't get any points. It depends on your driving record. If it's your first ticket, you can definitely take the course to reduce your points to zero. They're even available online now, usually for less than $10. Just make sure you always get a certificate of completion and send it registered mail, return receipt requested. Don't trust anyone else to do it for you. If anyone here is interested in what happened to me in 2002, I'll post the story. You can do everything right, pay your fine, take the course, etc., and Lee County can still screw up your license. So always keep a copy of every canceled check, make a copy of your ticket (both sides) and keep a copy of your class certificate. Maybe they've caught up with the technology and improved their record keeping since then, but always check so you don't open up the mail one day and get a surprised suspension letter. I fixed it immediately and even got a "Sorry, oops email" when I later wrote to confirm everything was copacetic, but it was quite upsetting.
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