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  1. #1
    Join Date
    Apr 2019
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    6

    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
    Nov 2013
    Posts
    6,699

    Default Re: Florida Move Over Law

    You show the video to the judge. It clearly shows you did not slow down. You were keeping pace with the vehicles in lanes 2 and 3 that presumable were doing the speed limit or above and promptly increased speed after passing the officers. And if you watch the tree line leaving the frame on the right side of the video, you can see that you may have applied your break at 0:15 for a very brief moment. Hardly enough to reduce your speed.

    My take is that you weren't paying attention. Perhaps your mind on matters other than driving. You reacted too late to slow down and said f*** it.

    If you come to a forum to hear only what you want to hear, it's a waste of your time and ours.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Florida Move Over Law

    Quote Quoting budwad
    View Post
    You show the video to the judge. It clearly shows you did not slow down. You were keeping pace with the vehicles in lanes 2 and 3 that presumable were doing the speed limit or above and promptly increased speed after passing the officers. And if you watch the tree line leaving the frame on the right side of the video, you can see that you may have applied your break at 0:15 for a very brief moment. Hardly enough to reduce your speed.

    My take is that you weren't paying attention. Perhaps your mind on matters other than driving. You reacted too late to slow down and said f*** it.

    If you come to a forum to hear only what you want to hear, it's a waste of your time and ours.
    Actually it shows he did slow. I’m not going to calculate it to determine the actual speeds but the video does prove he did slow to some extent

  4. #4
    Join Date
    Nov 2013
    Posts
    6,699

    Default Re: Florida Move Over Law

    Obviously not enough and not in time.

  5. #5
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    319

    Default Re: Florida Move Over Law

    Maybe, it's just my depth perception, but I can't see where he slowed at all?

  6. #6
    Join Date
    Jan 2011
    Posts
    325

    Default Re: Florida Move Over Law

    Quote Quoting RJR
    View Post
    Maybe, it's just my depth perception, but I can't see where he slowed at all?
    Count the dashed lines that divide the lanes and say the numbers out loud (I had to restart every 10). Toward the end of the video it's obvious that he slowed down.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    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?

  8. #8
    Join Date
    Apr 2019
    Posts
    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.

  9. #9
    Join Date
    Jan 2006
    Posts
    38,867

    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.

  10. #10
    Join Date
    Apr 2019
    Posts
    6

    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?

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