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  1. #1
    Join Date
    Apr 2019
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    Default Florida Move Over Law Violation

    My question involves a traffic ticket from the state of: Florida

    Traveling southbound on I-95 in right lane. Two police officers are on the shoulder dealing with another car. As I pass them, the rear cop decides to chase me and pull me over. He asked if knew about the "move over law", which I didn't. He then gives me a citation for $139. During the time he had me pulled over, I counted 10 other drivers that did the same thing as I did without changing lanes or slowing down, which I find ironic; yet he didn't chase them.

    See dashcam video below.

    Do I have a case I can argue in court?

    Any advise?


  2. #2
    Join Date
    Jan 2006
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    38,166

    Default Re: Florida Move Over Law

    Other drivers not being ticketed is not a defense

    the driver in front of you moved over. What other drivers are you referring to that didnít move over?

  3. #3
    Join Date
    Apr 2019
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    6

    Default Re: Florida Move Over Law

    While I was pulled over, multiple cars were "violating" the same law by passing us while they were in the right lane. I asked the pig why he didn't go after them too. He didn't answer me.


    Oh, I forgot to mention, even if I tried to move over, there was a white truck to my left. So I couldn't move over.

  4. #4
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    Jan 2006
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    38,166

    Default Re: Florida Move Over Law

    How do,you expect the cop to go after other violators while he is dealing with you?

    Here is the pertinent section of the statute

    (b) If an authorized emergency vehicle displaying any visual signals is parked on the roadside, a sanitation vehicle is performing a task related to the provision of sanitation services on the roadside, a utility service vehicle is performing a task related to the provision of utility services on the roadside, or a wrecker displaying amber rotating or flashing lights is performing a recovery or loading on the roadside, the driver of every other vehicle, as soon as it is safe:1. Shall vacate the lane closest to the emergency vehicle, sanitation vehicle, utility service vehicle, or wrecker when driving on an interstate highway or other highway with two or more lanes traveling in the direction of the emergency vehicle, sanitation vehicle, utility service vehicle, or wrecker, except when otherwise directed by a law enforcement officer. If such movement cannot be safely accomplished, the driver shall reduce speed as provided in subparagraph 2.
    2. Shall 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 5 miles per hour when the posted speed limit is 20 miles per hour or less, when driving on a two-lane road, except when otherwise directed by a law enforcement officer.
    its been in place for 17 years. Notice it requires you to reduce your speed to 20 under the posted limit if you can’t move over safely.

    also notice it applies to much more than just police vehicles.

  5. #5
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    Apr 2019
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    Default Re: Florida Move Over Law

    I did slow down, but I'm not sure if it was 20mph less than the posted limit; I wasn't looking at my speedometer.

    Shortly after he pulled me over, the other cop joined him; so there were two cops behind me while others were violating the same law. Why didn't the second cop go after them too?

  6. #6
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    Jan 2006
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    Default Re: Florida Move Over Law

    And based upon your video, due the difference in your speed and the white truck you passed, it is highly probable you had plenty of clear space to move to the adjacent lane. I suspect if you had turned on your turn signal he would have yielded to you and allowed you to pull over. If there wasn’t, you have brakes on your car? You could have slowed so as to be able to pull in behind the white truck

    Quote Quoting datura44
    View Post
    I did slow down, but I'm not sure if it was 20mph less than the posted limit; I wasn't looking at my speedometer.

    Shortly after he pulled me over, the other cop joined him; so there were two cops behind me while others were violating the same law. Why didn't the second cop go after them too?
    Unless everybody else was driving way below the speed limit, you were actually speeding. There was only one vehicle in your entire video going faster than you and that was only until he got caught up in slower traffic, which was presumably moving at least the speed limit. It appears you did slow down, a little bit but less than any of the other traffic,which were in the lanes that allowed them to drive the speed limit.

    btw: most, if not all other states have similar laws requiring you to move over or slow down when there is a cop alongside the road.

  7. #7
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    Apr 2019
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    6

    Default Re: Florida Move Over Law

    Quote Quoting jk
    View Post
    And based upon your video, due the difference in your speed and the white truck you passed, it is highly probable you had plenty of clear space to move to the adjacent lane. I suspect if you had turned on your turn signal he would have yielded to you and allowed you to pull over. If there wasn’t, you have brakes on your car? You could have slowed so as to be able to pull in behind the white truck
    I estimate I slowed down about 10mph based on the video, even though I didn't know about the law. And the white truck's front bumper was adjacent to my rear bumper (I was looking in my mirrors at the time), so no I didn't have space to move over.

    They were safe in their cars during that stop. I think a warning would have been enough, but not a ticket.

  8. #8
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    Jan 2006
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    Default Re: Florida Move Over Law

    Quote Quoting datura44
    View Post
    I estimate I slowed down about 10mph based on the video, even though I didn't know about the law. And the white truck's front bumper was adjacent to my rear bumper (I was looking in my mirrors at the time), so no I didn't have space to move over.

    They were safe in their cars during that stop. I think a warning would have been enough, but not a ticket.
    you might have slowed down 10 mph but the law requires you to slow 20 mph below the posted limit. Since it appears you were going faster than every vehicle but one, i suspect you were speeding and would have had to slow more than 20 mph to reach the requirement of 20 under the posted limit.

    you can think what you want but you did violate The law and the cop can issue a ticket, and he did. You have no argument to even mitigate your actions.

    It doesn't matter where the cops were.

  9. #9
    Join Date
    Apr 2019
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    6

    Default Re: Florida Move Over Law

    I didn't admit to "not slowing to 20 under the limit". I said that I'm not sure how much I slowed because I wasn't looking at my speedometer. It could have been 20mph that I slowed. You are just twisting my words and at this point you are of no help to me.

  10. #10
    Join Date
    Jan 2006
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    Default Re: Florida Move Over Law

    ok, so previously you posted this

    I did slow down, but I'm not sure if it was 20mph less than the posted limit; I wasn't looking at my speedometer.


    yet now you state with certainty you weren’t speeding.

    btw: your speed can be calculated by markers in the video but the fact you were the fasted car on the highway strongly suggests you were speeding. Typical drivers in light to moderate traffic out on a nice day tend to Not drive below the speed limit. Rarely will you find every driver but one driving so far below the speed limit you would gain on them as quickly as you did. You are suggesting that not only was everybody else driving under the speed limit but they were driving at least 10 mph below the speed limit since you claim you slowed about 10 mph

    but you were still gaining on the rest of the traffic.

    i havent had a ticket in at least 20 years as well. It doesn’t give me a free pass to violate the law and not get a ticket when I do violate the law.

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