Move Over Law Smyrna, GA (lawyer, school, college)

[ahankerson1997]

Hi guys,

So I was ticketed for this law. My first ticket ever recevied on my record and I am a recent college grad in the process of going to graduate school and they are charging me $665 for it.... which I completely do not have.

The scenario:

I was driving on an open road. Going the speed limit, and a cop was in the process of writing someone a ticket. I slowed down but was not aware that I had to move in the other lane, especially since he was practically parked in the actual driving lot of a restaurant. There was ample space. I am not saying that I was right I was just unaware that this was an issue.

Anyways, are there any tips on how I can get this lowered in court??? I literally do not have the funds to pay this ticket at all.

Thank you!

p.s. why are they requiring that I come to court opposed to pay the fine. Not saying I want to nor can pay the fine but I'm scared as to why they are requiring me to come. Is that a bad thing or is it normal. This is my first time ever getting in trouble lol.

[MattCW]

The only advice I can give to the legal issues is to contact a lawyer. But, having you come in for certain violations is normal, for whatever reason, certain types require your presence.

[cwkimbro]

Definitely get a brief consult with a traffic lawyer given the cost of the fine. Be sure to understand any costs of the lawyer before going beyond a consult.

I'm curious what all the citation actually says. The maximum (not minimum) fine for the move over law is $500.00

As far as your narrative goes. Not knowing the law.... doesn't really matter.

The caveat about this law is you have legitimately be able to say you couldn't have moved over at all on the approach. Most can, they just don't want to slow down enough to wait on a few cars in the left lane. If you absolutely can't move over, you pretty much have to slow down enough that you can reliably stop at a moment's notice when passing. Just slowing down a little bit or being at or near the speed limit doesn't work.

As far as this, "especially since he was practically parked in the actual driving lot of a restaurant." I'm confused. Was the officer on the side of the road? or were they parked all the way in a parking lot.

These are direct this -or- that question. There is no ambiguity. If you can argue he was all the way in a parking lot and not at the side of the road, then do so. If you can't, then drop the narrative. It doesn't help you. It makes you sound like a young person making excuses, which will work against you in hoping to get any reprieve from a maximum fine.

There is no "he was practically parked there." That's how we talk to our friends when we vent, but you need to be direct and true yourself and get your story straight. He was or he wasn't and then you will need to argue that case.




Best of luck to you. These fines are getting quite pricey.

[seussie]

I agree with CWK. Story seems incompletely presented at that—those tickets are for adjacent lane violations, not parking lots. But you being of a certain background doesn't matter either, but maybe you can make the judge empathetic to you. Court thrives off of delaying cases or people never showing up, or their officer never showing up. If the latter happens, your ticket might be thrown out because of procedure.

[Need4Camaro]

From what it sounds like, The OP was traveling on the road and there was an entrance to a parking lot on the right. The cop was either pulled over in the entrance, or a turn only lane that lead to the entrance while the OP was in the right hand lane. I would say if the cop were actually in the 'entrance' I would definitely question the validity of the ticket. The entrance is private property and traffic laws cannot be enforced there. If he were pulled over in the turn lane however, the ticket will stick. I agree with CWK though, $665 is very high for that said offense.


This is the mental image that I have of his situation:

[cwkimbro]

My original guess given the era in which Smyrna was originally developed....

something more ambiguous like this: https://www.google.com/maps/place/Sm...!4d-84.5143761

In the late 40s through the 70s governments pretty much let businesses make any curb cuts they wanted, which creates many unsafe hazards and slows down traffic flow. Governments have been mandating these out of new developments and renovations ever since.

But the OP needs to be able to argue the police was completely off of the side of the road where the move over law shouldn't apply. The move over law was created so there would be a whole lane between the traffic stop and traffic.

[Need4Camaro]

Originally Posted by cwkimbro

My original guess given the era in which Smyrna was originally developed....

something more ambiguous like this: https://www.google.com/maps/place/Sm...!4d-84.5143761

In the late 40s through the 70s governments pretty much let businesses make any curb cuts they wanted, which creates many unsafe hazards and slows down traffic flow. Governments have been mandating these out of new developments and renovations ever since.

But the OP needs to be able to argue the police was completely off of the side of the road where the move over law shouldn't apply. The move over law was created so there would be a whole lane between the traffic stop and traffic.

yeah looking at that, it would become much more grey, especially if the cop was half pulled over into the lot but still partially on the street. In that instance I would say he should have moved over. The $660 ticket though is still pretty ridiculous though, especially if its only a first offense.

[Beretta]

There must be more to the story....

[OneDawg]

Originally Posted by Beretta

There must be more to the story....

Like, was the LEO who was in the parking lot the one who issued the ticket?

[Need4Camaro]

Originally Posted by OneDawg

Like, was the LEO who was in the parking lot the one who issued the ticket?

more like there was a second offense involved like speeding hence the high fine, I mean.. I can't say he was or wasnt but the price of that ticket is obscenely high for the offense.