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Does anybody know this?

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  #1  
Old 04-29-2009, 03:44 PM
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Does anybody know this?

I just completed a long distance run from NYC to Atlanta in my 09 Fit. Half way in Virginia mountains in the middle of nowhere I got stopped by a cop whose car was parked on the shoulder. I was driving under speed limit (65) so I didn't think I had anything to worry about. Then the next thing I knew he came after me. I asked why. He said I made an illegal move by passing him on the right lane instead of moving to the left lane. This was on I-81 w/ 2 lanes in each direction, and I was driving slow on the right lane all the way. He also claimed that it's a 50 state law that I have to leave one lane space between my car and "any stationary emergency vehicle". Since police car was considered "emergency vehicle" and since I didn't move to the left lane I made a moving violation. Trouble is I have never heard of this thing and I routinely see flashing police cars on the side of the road and nobody move all the way to the left (of course it's common sense to yield to all emergency vehicles, stationary or moving), but what to yield if his car was parked absolutely still on the shoulder with no signal to move into the lane? I have the feeling that he singled me out because I am a lone female driver w an out of state license plate (GA). Now paying 170 bucks is not such a big deal but I don't know what bad effect it will have on my driving record. I know many small towns are straped by cash and they would love to suck the money out of your pocket whenever they can, but I'd rather if they force me for donations than ruining my driving record and increase my insurance rates. So far I have a flawless driving record at least within the last 5 yrs. I doubt most people even heard of this law but I checked the internet and yes virginia does have such a law. Ok there ARE road signs that reads "move over for stopped emergency vehicles" but who can guess that "move-over" means moving all the way to the left lane when the emergency vehicle is absolutely still on the shoulder?

Does anybody know this law? is it indeed so in all states? How many points will be add? Does it matter if the ticket is out of state?

Today while driving local in Georgia near my home I encountered some police cars parked on the side of the streets w/ flashing lights and everybody passed by w/o changing lanes.

I was so shocked by this experience and part of me wanted to go to the court and argue my case, but it's a whole day of driving and god knows what those small town judge will say. Perhaps he and the cop are brothers. I just have such bad taste in my mouth. All of you travelers should watch out for evil cops ready to give you a big ticket for nothing.
 

Last edited by Surviver of the Fittest; 04-29-2009 at 03:48 PM.
  #2  
Old 04-29-2009, 03:56 PM
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Ive heard commercials on the radio a few times before about giving one lane of space between emergency cars on the shoulder or slowing down a lot. I never thought someone would actually get a ticket for it though, especially when there is little traffic and you were going slow. I'm in GA too and I rarely see people move over. I just slow down and stay in the same lane like you did. Thanks for the heads up.
 
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Old 04-29-2009, 03:57 PM
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State Police in Michigan have set up announced sting operations over this in the past, and they usually make announcements about it on the news before the weekends when they do it, so yes, I have heard of it.

The thing that has always worried me about it is that the law says something to the effect of "if you are able, move over to the left lane" leaving room for the possibility that in heavy traffic, it is not always possible to quickly swap lanes. That makes the law become a judgment call for the officer, and when they set up sting ops in busy urban areas, that seems a little sketchy to me.
 
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Old 04-29-2009, 04:43 PM
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Originally Posted by huisj
The thing that has always worried me about it is that the law says something to the effect of "if you are able, move over to the left lane" leaving room for the possibility that in heavy traffic, it is not always possible to quickly swap lanes. That makes the law become a judgment call for the officer, and when they set up sting ops in busy urban areas, that seems a little sketchy to me.
What this man says is pretty much spot on...take it from a police officer. I've only cited one time for it and thats because the car came within inches of striking me...and the driver was also arrested for DUI.
 
  #5  
Old 04-29-2009, 05:13 PM
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Illinois Rules of the Road:

"When approaching a stationary emergency vehicle using visual signals, Illinois law requires motorists to yield, change to a lane away from the emergency vehicle, and proceed with caution. If a lane change is not possible, reduce speed and proceed with caution."

Unless they have those lights on inside their backlights you can't even tell it's a cop car anymore. No gum machine on top. It's a cs ticket if you ask me.

But then I just got one for going 30 in a 20 (my second 30 mph ticket). I'll probably never learn.
 
  #6  
Old 04-29-2009, 05:43 PM
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man i didn't know about that law. i see cops on the side of the road all the time. i'm gonna change lanes from now on. but like that illinois law, if i can't change lanes i'll just slow down enough so the cop knows i'm slowing down. its not like the guy behind me will honk cause he sees a cop there. i just won't slow down too slow. thats kinda messed up that they do sting operations on that. i would have definately been caught. i wonder if i got that question right in my driving test when i was a teenager. or was that even in our driving test.
 
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Old 04-29-2009, 07:12 PM
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It varies from state to state, but I always try to get into the left hand lane when approaching an emergency vehicle. In most instances, it's a matter of whether you can safely get over or not. You could always argue that you couldn't safely move over, so you slowed down.

If the officer were to trip or get pushed and you were in the right lane...
 
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Old 04-30-2009, 12:15 AM
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i dont know if it is an actual law... regardless it sounds like you were targeted as an out of state driver, before pleading guilty (paying the ticket) i would call the courthouse in the in that area and ask them how you should go about fighting the ticket as you feel it is unjust. see if you can speak to some one who can get the ticket dropped with out you actually going there for court... and if you have a lawyer friend.... ask them for help

good luck!
 
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Old 04-30-2009, 04:00 AM
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[quote=Firebat666;642373]i dont know if it is an actual law... regardless it sounds like you were targeted as an out of state driver, before pleading guilty (paying the ticket) i would call the courthouse in the in that area and ask them how you should go about fighting the ticket as you feel it is unjust. see if you can speak to some one who can get the ticket dropped with out you actually going there for court... and if you have a lawyer friend.... ask them for help [quote]

Not only do I have no lawyer friend in Virginia, but I have absolutely no friend in Virginia whatsoever. Very bad place to get any trouble. ON the other hand, small town lawyers can be more affordable, and they know the judges and officers. I am sure all they want is money - and that's exactly what i don't have.
 
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Old 04-30-2009, 09:46 AM
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A year or two ago Pennsylvania just announced its new 'Move Over Law' so I doubt its a 50 state thing. Simply fight the ticket and tell them they have to schedule it on your back through, who knows the magistrate might throw it out over the phone? If not just keep rescheduling the court date, your half the country away and have good reason to rescedule and they will probably just drop it or reduce it to parking tickets eventually. Either way the situation sucks and you could just argue that his lights weren't on and he wasn't clearly visible. I feel for you ive been had many times in similiar ways leading to a temp loss of my license.
 
  #11  
Old 04-30-2009, 10:28 AM
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Yep, most states are now implementing this law due to several cops getting plowed in to during stops. You've all seen the numerous videos on tv from time to time.
 
  #12  
Old 04-30-2009, 10:57 AM
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From the Virginia State Police website:

The driver of any motor vehicle, upon approaching a stationary emergency vehicle, as defined in § 46.2-920, that is displaying a flashing, blinking, or alternating emergency light or lights as provided in §§ 46.2-1022, 46.2-1023, and 46.2-1024, shall (i) on a highway having at least four lanes, at least two of which are intended for traffic proceeding as the approaching vehicle, proceed with caution and, if reasonable, with due regard for safety and traffic conditions, yield the right-of-way by making a lane change into a lane not adjacent to that occupied by the stationary emergency vehicle or (ii) if changing lanes would be unreasonable or unsafe, proceed with due caution and maintain a safe speed for highway conditions.

Violation of any provision of this section shall constitute a Class 1 misdemeanor. If the violation resulted in damage to property of another person, the court may, in addition, order the suspension of the driver's privilege to operate a motor vehicle for not more than one year. If the violation resulted in injury to another person, the court may, in addition to any other penalty imposed, order the suspension of the driver's privilege to operate a motor vehicle for not more than two years. If the violation resulted in the death of another person, the court may, in addition to any other penalty imposed, order the suspension of the driver's privilege to operate a motor vehicle for two years.
Sounds like they were picking on you since you probably wouldn't know their state's law (assuming I read correctly that they had no lights on)
 

Last edited by mchoffa; 04-30-2009 at 11:08 AM.
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Old 04-30-2009, 12:36 PM
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I can't stand the idea of being pulled over by a police officer and hate getting tickets.... I think that this is just one of many laws that are virtually unknown to a lot of people and selectively enforced.... I recently had to take a defensive driving course to keep my insurance rates from going up and actually enjoyed doing so on line though so much of it wasn't new to me.... There are a lot of laws and common sense things that people need to know and utilize when driving and I have been doing my best to put all of these things into use every time I drive.... It is a way to lower your insurance premium and agreeing to take the course will get you a break on the cost of your ticket..... By the way, I knew about this law, I only get speeding tickets. https://www.fitfreak.net/forums/imag...lies/wavey.gif
 
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Old 04-30-2009, 12:49 PM
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Move over Law

Hey Survivor of the Fittest,

This law has been around a while, but as mentioned...it is spreading everywhere. Actually, you got off easy. In Canada (I live in NM), the fine is much more than that.

I used to live in Virginia. They can be nasty there. I recommend you just pay it....as fighting it would likely cost you a lot more, and you would lose. Bummer!
 
  #15  
Old 04-30-2009, 06:45 PM
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Ohhh, how it sucks when they write you up on a judgement call. Most cops are not like that.
That's how it works sometimes, though. Out of state tag, female driver, probably a pretty day for standing around outdoors, writing questionable tickets to normally law-abiding citizens, bringing in some revenue from another area.
Karma is on your side. Just pay the fine and realize this guy will get his come-uppance one day.
 
  #16  
Old 04-30-2009, 06:58 PM
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The guys on the local car forum for WV have all noticed a step up in police and state trooopes pulling over any cars that are imports or look tuned. It could also be getting that way in Virginia since we are border states. I know that they have followed me more than once but I was doing nothing to warrant getting pulled over. I think they were concerned when Fast and Furious came out that people would start street racing so they decided to to watch any cars that look tuned. You have to realize the Fit is different and stands out in a line full of generic looking cars. Sorry you had such a rotten deal.

Cat :x
 
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Old 04-30-2009, 10:54 PM
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I dislike the majority of VA cops.
 
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Old 05-01-2009, 12:58 AM
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here in FL they say change lanes or reduce speed by at least 20 mph
 
  #19  
Old 05-01-2009, 05:59 AM
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talking about Fit being unusual - not only do i have an orange Fit, but also a funny prestige license plate (from out of state).

I did some research and the bad news is Georgia also adopted the law in recent years, but New York has no such law yet. It's definitely not yet 50-state law like this cop said, but close. Also, he told me that my license plate didn't exist in the record and asked me for a registration card which didn't exist in GA (All we were given was a sticker on the license plate and a receipt which I gave to my accountant for tax purposes). Finally I had to give him my insurance paper so he could verify that my unusual license plate was real. I have never met a cop who gave me so much trouble for nothing.
 
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Old 05-01-2009, 08:42 AM
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also from what I recall, since you are an out of state person, you just pay the fine. No points are deducted from you. Hence why he chose to pick on you? Correct me if I am wrong anyone.

Rene
 


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