How should I fight a Georgia Move Over Law Ticket?
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How should I fight a Georgia Move Over Law Ticket?
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I was recently given a ticket for not obeying the Georgia Move Over Law. From my point of view I was driving in complete compliance of the law but the officer would not listen to me. I was driving northbound on 75 near Ashburn when within about 800-1000 yards of each other two cops had pulled over people. I moved over for the first cop and because I was driving significantly slower than the rest of the cars on the road I got back over to the right lane before seeing the next cop on the other side of a hill about to drive back onto the road after finishing his pull over. When I saw this cop I could not get back over because of drivers moving much faster than me passing me. I slowed down to about 60 mph in a 70 (I know this because when he pulled me over I couldn't figure out why, i was going so slow, and I pulled over nearly adjacent to the 70 mph sign). When he stopped me he said I never slowed down and could get over safely. He obviously did not know my speed (and thankfully never noted his perceived observations on the ticket) but he did say on the ticket that it was safe to move over, which I contest is wrong because of people speeding by me on my left side. I had 5 people in the car and I am 21, so I feel like he was just trying to give a ticket to someone who was obviously driving to somewhere far away so that they probably wont contest it. The fine is an exorbitant $571, how should I go about contesting this. I feel like I showed that I knew the law and obeyed it to the best of my ability. Should I bring all 5 people down there?
Additional Details
Another factor in my decision was that he was not in his car and was obviously about to get back into the interstate. He got back onto the interstate fine after I passed, obviously because he was able to come give me a ticket. I knew that he was not in his car and thus it was safe enough for me to pass. I'm not sure how easily it would be to get the other officers tapes as I have no idea who that officer was.
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All hat
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No one goes 65 on I 75 unless they are entering or exiting. I agree with the other suggestion that you get tapes. The first cop car tape should show you slowing and cars streaming by you on the left, as well as the fact that you had moved over for the first one. Also, if you don't feel safe pulling into a faster moving lane, that's your call.
Unless you passed really close to the second cop and scared him, it seems to me, from what you'e said, that given your witnesses and the reasonableness of your story, you might well prevail, and that he's being heavy handed to ticket you for that. And even if you did pass close and scare him, if you were trapped in that lane, what were you supposed to do? Come to a complete stop in a travel lane?
Sheesh. |
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icewalk17
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Well you can fight it or take your ticket to a local lawyer who probally can plea it down to something lesser. When I was 18 I got a minor in possesion ticket and lawyer made a plea and it ending up just being a ticket for disturbance of the peace. |
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mpalmernyc
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Go to court, tell them your side of the story, use a diagram to better explain it. Bringing all 5 people would be helpful, the more the better, if someone can't come have them prepare a statement and get it notarized and bring it in. |
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wsm
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I would say that if you could get one or two of the older people to go to court with you it would show the judge that you believe you were right. They will have to swear the oath and this is "supposed" to have some credibility with the courts. You are probably right about being the "out of towner" but I wouldn't bring this up until cornered, You would be accusing the cop of profiling. That could be bad. Best of luck! |
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steven
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oh **** $571 damn!!!! |
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cmdrbnd007
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If he had his lights on why was he taking time out to write you a ticket. If there wasn't an emergency why were his lights on? Sounds like something fishy going on to me. |
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supermarine7431
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Me personally I would also ask for the tapes that day in the police car that records everything that happens next i would point out that the second officer was parked in a dangerous and unsafe area then i would request the tape from the second car to show the amount of cars coming by in the second lane and yes witnesses are good to have on your side if you are going to fight it. You may also talk with a lawyer and see if any of this is permitted in court ( as far as requesting the tapes goes ) remember the freedom of information act as well as it pertains to the accuse they should not deny it unless they are wrong hope this helps. |
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valerie
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Coming down interstate its raining there was a 3 car crash..debris all over all lanes..I wasnt sure what lane was the safest due to all the debris that wasnt cleared yet..I got a ticket for the move over lane law..HOW FAR IS THIS? WHAT about my safety> of risking running over busted lights and such in the road...? |
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