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Move Over Law A.K.A. Procedure for passing certain stationary vehicles

Procedure for passing certain stationary vehicles as provided for in O.C.G.A. § 40-6-16, in part:

  • (b) The operator of a motor vehicle approaching a stationary authorized emergency vehicle  that is displaying flashing yellow, amber, white, red, or blue lights shall approach the authorized emergency vehicle with due caution and  shall, absent any other direction by a peace officer, proceed as follows:

    • (1) Make a lane change  into a lane not adjacent to the authorized emergency vehicle if possible  in the existing safety and traffic conditions; or

    • (2)  If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.

  • Punishment for a conviction or O.C.G.A. § 40-6-16(b) is punishable by a fine of no more than $500.00 and is a 3 point violation against your driving privileges.

  • The language of the statue is vague. Reducing the speed to a reasonable and proper speed for the existing road and traffic conditions does not define what speed is proper for passing a stationary emergency vehicle. You should contact a criminal defense attorney to determine if you have a good defense for your failure to move over such as traffic conditions, line of sight obstruction, and other circumstances. Similarly that attorney can argue on your behalf that your speed was "reasonable and proper for the existing road and traffic conditions".  

Help me, help you!

Timing is everything. Regardless of the type of legal problem, please do not delay in seeking help from me or any other attorney.

All too often we meet with clients who do not strike while the iron is hot and end up with a much more difficult path as a result.

Ralph E. T. Hensley, LLC
306 E Main St
Hogansville, GA 30230