Attorney Christian A. Straile, LLC
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The Move Over Law Traffic Tickets

The Move Over Law, section 316.126, has been on the books for years. However, it is only recently that I have had calls from people seeking traffic ticket defense who are alleged to have violated the Move Over Law. The Florida Move Over Law requires that a driver approaching an authorized emergency vehicle  that is using any visual signals, parked on the side of the road, or a wrecker displaying amber or flashing lights, performing a recovery or loading on the roadside, move over or slow down 20 miles per hour under the speed limit.

A recent article in a South Florida newspaper warned drivers that a move over campaign is about to get more aggressive. Currently, the law does not require that officers be engaged in a traffic stop or any other job function, only wreckers have to be loading. What the Florida Highway Patrol did in South Florida was place an SUV inside of a state park with lights on. When drivers failed to either move over or decrease their speed as the law requires, the drivers were pulled into a staging area and cited. This pattern was repeated here in North Florida according to people cited for a move over violation seeking my help in defending their traffic tickets. I think I may have seen this in action as I was driving back from Orlando this weekend.

According to the article, the Highway Patrol refers to this as driver awareness or education. Obviously, if they are not engaged in a traffic stop and merely parking a vehicle on the side of the road with lights on, then they are trying to cite people for a violation of the Move Over Law. This is what your government calls law enforcement and some citizens call entrapment. What most people do not realize is that a trooper does not have to be engaged in any job function for the Move Over Law to apply; this misunderstanding of the law will cause a driver to be cited.

A citation of the Move Over Law can be defended if you slow down adequately or if the state cannot prove your speed. Your best bet, if you see an emergency vehicle such as an ambulance, tow truck or law enforcement, is to move over or slow down as the law requires. However, if it is too late for that and you or a loved one has been issued a citation for failure to move over pursuant to the Move Over Law then click or call today to hire a traffic defense attorney.

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Attorney Christian A. Straile, LLC
352.371.9141 Gainesville
352.694.4529 ocala