How can I fight this ticket I recieved for not moving over?

Question

On Thurdays I recieved a ticket for not moving oner to the farthest lane when a cop was issueing a ticket to someone. I noticed that he was on the side of the road and I moved over as far as I could while still in my lane so I wouldn't hit him but I didn't go into the next lane.

I was driving down the road when I saw a car with flashing blue lights bobbing and weaving through cars and he pull up behind me so I pulled over. He asked if I was driving on a permit(I look very young) and I told him I had my liscence. He said that I failed to move over to the next lane and why didn't I move over. I told him that I was not aware that you had to move to the next lane, I thought you just have to move close to the center lane to make sure you don't hurt anyone on the side of the road. He said he was going to give me a ticket. He explained that it was going to be points on my liscense and I could pay the fine or show up to court with an attorney and fight it. My little sister(15) was in the car with my in the pasenger's seat. I told him that I would make sure that it would never happen again.

I thought I was going to pay the fine but when my mom found out she said that we are fighting it because she never was pulled over for passing a cop issueing a speeding ticket. She said she does the exact same thing I do and move over while still in her lane. She said she passed cops without moving over plenty of times and she never was issued a ticket for it.

I asked everyone I know about this and they never knew that you HAVE to move over to the farthest lane or else you could be fined. I told them that they make sure they do it next time. I already was aware that if a cop or ambulance had his lights on, you have to move to the right hand lane and let them pass you but I never was aware that you HAVE to do the same when they pull someone over. I didn't even hear about this in driver's ED. All they said was that you have to let a cop pass you if they have their lights on.

Should I go to court and try and fight this or should I pay the fine? What are my chances of winning? Police Officers answers strongly recommended!!

I also made sure I was very respectful to the cop(no attitude, friendly attitude, addressed with sir) when he issued the ticket and not try to argue or roll my eyes.

Answer 1

Pay the fine, you were wrong, the law states that you must move to the left lane, not close to the next lane. Now you could get it reduced if you were respectful, but you won't win.

Answer 2

Many states have a "move over" law which means you have to move over to either the next lane or the farthest lane possible (if safe to do) while a cop has someone pulled over.

Ignorance of the law is not a defense, it is your responsibility to be aware of the laws within your local jurisdiction.

I think the only defense you could take would be to argue that it was not safe at the time to move over.  

Answer 3

Many states have enacted laws the require you to move over and slow down when a police officer has someone pulled on the side of the road.

We have all see dash cam footage on tv of cops getting hit by passing cars. That's why these laws were enacted.

Ignorance of the law is not a defense. So, just because you did not know the law had been passed - is not a defense for not following it. And just because your mom has never been pulled for it -- just means the cop did not feel like running her down or the law had not been passed yet. She's not right -- she's lucky.

So, take this as a lesson learned - under the law you have to move over and slow down when a cop is on the side of the road. If you want to, spread the word to all your friends and family so they will know to do the  next time they see a cop on the side of the road.

I'm in the south - this law was passed just this year in my state. But there was not much said about it. Most likely the same thing happened in your state -- but again - ignorance of the law is not a defense.

Answer 4

It has become a law in california that you have to move over when a Cop is on the side of the road.This started because so many drivers have run in to the parked car and police officer

Answer 5

You could start with obeying the law, which requires you to move as far as possible away from a car on the side of the road; including police officers.

Why wouldn't this be common sense anyway? If you're going to take the energy to move over inside your lane, why not just switch lanes? And if you couldn't switch lanes (I.E. there was someone beside you) then either A) you should have moved over sooner, or B) (if A was not possible) the cop had no reason to give you a ticket.

But the law is clear. You must move aside for any emergency vehicle (meaning if an ambulance is behind you, you must get out of the way) and you must keep as far away as possible from a car on the side of the road.

Answer 6

Sorry dude.  Looks like you ran into a roided out cop with a small p***s and a god complex.  It will happen to most people at least once in their lifetime.  

Answer 7

You failed to yield to an emergency vehicle  however, you can challenge him in court by asking for his log to see if he was on an emergency call when he pulled you over. If not, you could beat it. Also why did he pull you over if he was responding to a call for help? Something is missing to this story.