Move over law = BULLS**T!!!!
#41
contrarian in fashion
Originally Posted by jdmturtleracin
AND I BET YOU THOSE GUYS WON'T GET A TICKET FOR NOT HAVING A LICENSE PLATE EITHER....
#42
Team Owner
Originally Posted by jdmturtleracin
damn 5 minute edit thingy...
if you can't read what it says exactly..
MOVE OVER LAW - SUBJECT PASSED MY MARKED VEHICLE @ 9 MPH OVER LIMIT
FL STATUTE 316.126 (1)(B)(2)
I was going to argue this in court myself, but the damn scheduled date is the same day as a property closing i have. Gotta find a lawyer now...
if you can't read what it says exactly..
MOVE OVER LAW - SUBJECT PASSED MY MARKED VEHICLE @ 9 MPH OVER LIMIT
FL STATUTE 316.126 (1)(B)(2)
I was going to argue this in court myself, but the damn scheduled date is the same day as a property closing i have. Gotta find a lawyer now...
Originally Posted by fuzzy02CLS
You do have to do both. But only on a 4 lane road. If it's a 2 lane then you can't move over cause that's on coming traffic.
#43
luvs redheads!
I would personally find the EXACT statue for your state and county. I am curious as if it states the same "20mph slower than speed limit"..........for all speeds or if it then changes to a different speed based on the posted speed limit.
#44
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Originally Posted by Doom878
If the posted limit is 30mph and you are supposed to do 15mph, then he is indicating that you went 15 + 9 = 24mph. I don' think there's a tier level as far as going 9 or 1 over costwise. He might've upped it a few mph to make sure the ticket didn't sound ticky-tack.
#46
contrarian in fashion
they better not have that law here in LA.
we have bad enuff traffic problems as it is now! i dont need slow ass people cutting me off just cause some idiot got pulled over... thats just more accidents waiting to happen
we have bad enuff traffic problems as it is now! i dont need slow ass people cutting me off just cause some idiot got pulled over... thats just more accidents waiting to happen
#48
Team Owner
Looks it was enacted in 2002. Here's some verbiage from the Florida State Trooper website. If the speed limit is 20 or less you have to go 5mph.
http://www.flhsmv.gov/fhp/misc/MoveOver.htm
Here is where they re-enforced the act last year.
http://www.leg.state.fl.us/Statutes/...316/Sec126.HTM
http://www.flhsmv.gov/fhp/misc/MoveOver.htm
Drivers are now required to "move over" or "slow down" when approaching an authorized emergency vehicle that is stopped on a highway in Florida. The "Move Over Act", passed during the 2002 session of the Florida Legislature, was signed by Governor Jeb Bush on May 1, 2002.
There are several important provisions concerning this new law. Effective July 1, 2002, on interstate highways or other highways with two or more lanes traveling in the direction of the emergency vehicle, and except when otherwise directed by a law enforcement officer, drivers approaching a law enforcement or other authorized emergency vehicle parked on a roadway with their emergency lights activated, are required to vacate the lane closest to the emergency vehicle, as soon as it is safe to do so.
When approaching a law enforcement or other authorized emergency vehicle parked on a two-lane roadway with their emergency lights activated, and except when otherwise directed by a law enforcement officer, drivers are required to 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 five miles per hour when the posted speed limit is 20 miles per hour or less.
The "Move Over Act", designed to protect law enforcement and other emergency workers on our highways, was sponsored by Senator Victor Crist, District 13, Tampa, and Representative Mark Flanagan, District 68, Bradenton. The support of the International Union of Police Associations (IUPA) was instrumental in getting this important piece of legislation passed.
During the five-year period of 1996-2000, motorists in Florida crashed into working law enforcement vehicles that were stopped/parked along Florida roadways 1,793 times, resulting in five deaths and 419 injuries.
There are several important provisions concerning this new law. Effective July 1, 2002, on interstate highways or other highways with two or more lanes traveling in the direction of the emergency vehicle, and except when otherwise directed by a law enforcement officer, drivers approaching a law enforcement or other authorized emergency vehicle parked on a roadway with their emergency lights activated, are required to vacate the lane closest to the emergency vehicle, as soon as it is safe to do so.
When approaching a law enforcement or other authorized emergency vehicle parked on a two-lane roadway with their emergency lights activated, and except when otherwise directed by a law enforcement officer, drivers are required to 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 five miles per hour when the posted speed limit is 20 miles per hour or less.
The "Move Over Act", designed to protect law enforcement and other emergency workers on our highways, was sponsored by Senator Victor Crist, District 13, Tampa, and Representative Mark Flanagan, District 68, Bradenton. The support of the International Union of Police Associations (IUPA) was instrumental in getting this important piece of legislation passed.
During the five-year period of 1996-2000, motorists in Florida crashed into working law enforcement vehicles that were stopped/parked along Florida roadways 1,793 times, resulting in five deaths and 419 injuries.
http://www.leg.state.fl.us/Statutes/...316/Sec126.HTM
#50
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My question is...why did he have his lights on to begin with? if he had it on, shouldn't it be because of an emergency? If it was an emergency, how did he have the time to pull you over??
#52
_____ like a rabbit
Originally Posted by goldendragon576
My question is...why did he have his lights on to begin with? if he had it on, shouldn't it be because of an emergency? If it was an emergency, how did he have the time to pull you over??
#53
Needs more Lemon Pledge
OK, based on what little I can read in that citation, there is no indication of how your speed was determined, nor the calibration records for any device used to determine your speed. Did the officer state how he determined your speed? Visual estimation, radar, laser?
#55
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yeah... he was finishing a violation but had time to reach over and grab his gun and then tell me what my speed was...
More like he was waiting for someone to drive past him more than 10 mph... once i past him he instantly came out to pull me over...
More like he was waiting for someone to drive past him more than 10 mph... once i past him he instantly came out to pull me over...
#56
Suzuka Master
iTrader: (1)
Originally Posted by jdmturtleracin
yeah... he was finishing a violation but had time to reach over and grab his gun and then tell me what my speed was...
More like he was waiting for someone to drive past him more than 10 mph... once i past him he instantly came out to pull me over...
More like he was waiting for someone to drive past him more than 10 mph... once i past him he instantly came out to pull me over...
#57
Needs more Lemon Pledge
Originally Posted by jdmturtleracin
yeah... he was finishing a violation but had time to reach over and grab his gun and then tell me what my speed was...
More like he was waiting for someone to drive past him more than 10 mph... once i past him he instantly came out to pull me over...
More like he was waiting for someone to drive past him more than 10 mph... once i past him he instantly came out to pull me over...
So he clocked you AFTER you drove past? Clearly you were obeying the law, slowed appropriately, and then resumed your speed after you passed the police car.
If he got you on radar as you were passing him, the reading is at it's LEAST accurate angle (90 degrees), and is off by enough to invalidate your 9mph ticket...
If the reading was 9mph over, several hundred feet down the road (where the radar becomes more accurate due to the diminishing angle) you were not violating the law, as you increased your speed AFTER you passed the officer.
#58
Senior Moderator
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Originally Posted by jdmturtleracin
damn 5 minute edit thingy...
if you can't read what it says exactly..
MOVE OVER LAW - SUBJECT PASSED MY MARKED VEHICLE @ 9 MPH OVER LIMIT
FL STATUTE 316.126 (1)(B)(2)
I was going to argue this in court myself, but the damn scheduled date is the same day as a property closing i have. Gotta find a lawyer now...
if you can't read what it says exactly..
MOVE OVER LAW - SUBJECT PASSED MY MARKED VEHICLE @ 9 MPH OVER LIMIT
FL STATUTE 316.126 (1)(B)(2)
I was going to argue this in court myself, but the damn scheduled date is the same day as a property closing i have. Gotta find a lawyer now...
The 2nd option is to choose no contest. It's not ad admission of guilt, but rather a statement you want to take care of the ticket right now. At this point the judge will open you driving record & based on that & the offense will assign a judgment. In 99% of cases you will get a reduced fine, court costs(or both) & no points will be assessed.
For the court date, wait till 3 weeks before & write a letter or go to the court & ask for a postponement date.
#60
It's possible that the cop arbitrarily chose this oppurtunity to pull someone over but I think it's more likely that the cop singled out the OP because the cop perceived poor judgement. Compared to how other cars where avoiding the cop the OP probably appeared to be making a half assed effort by comparison.
I don't know how far the cop was from the road's edge, how wide the road was to begin with, what kind of oncoming traffic there was and what the weather was like but it's possible that if we were sitting in the cop's car at the time we might have had a sense of "that there was reckless" given the circumstances, and that writing down "going 9mph over the limit" is the only technical way to express the careless driving.
I don't know how far the cop was from the road's edge, how wide the road was to begin with, what kind of oncoming traffic there was and what the weather was like but it's possible that if we were sitting in the cop's car at the time we might have had a sense of "that there was reckless" given the circumstances, and that writing down "going 9mph over the limit" is the only technical way to express the careless driving.
#63
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Originally Posted by wackura
It's possible that the cop arbitrarily chose this oppurtunity to pull someone over but I think it's more likely that the cop singled out the OP because the cop perceived poor judgement. Compared to how other cars where avoiding the cop the OP probably appeared to be making a half assed effort by comparison.
I don't know how far the cop was from the road's edge, how wide the road was to begin with, what kind of oncoming traffic there was and what the weather was like but it's possible that if we were sitting in the cop's car at the time we might have had a sense of "that there was reckless" given the circumstances, and that writing down "going 9mph over the limit" is the only technical way to express the careless driving.
I don't know how far the cop was from the road's edge, how wide the road was to begin with, what kind of oncoming traffic there was and what the weather was like but it's possible that if we were sitting in the cop's car at the time we might have had a sense of "that there was reckless" given the circumstances, and that writing down "going 9mph over the limit" is the only technical way to express the careless driving.
it is a 2 lane street... there is enough space on the side of the street for i'd say at least 2 cars side by side... i'll be in that area tomorrow so i'll even snap a picture for you...
there is nothing reckless that i did... I SLOWED DOWN 11 MPH FROM THE POSTED SPEED LIMIT WHEN I PAST THE GUY!!
i'm think it was i was driving a 1992 Honda Accord with an ethnic driver in a Mutli-Million Dollar primarly white neighborhood.
#64
Originally Posted by jdmturtleracin
it is a 2 lane street... there is enough space on the side of the street for i'd say at least 2 cars side by side... i'll be in that area tomorrow so i'll even snap a picture for you...
there is nothing reckless that i did... I SLOWED DOWN 11 MPH FROM THE POSTED SPEED LIMIT WHEN I PAST THE GUY!!
i'm think it was i was driving a 1992 Honda Accord with an ethnic driver in a Mutli-Million Dollar primarly white neighborhood.
there is nothing reckless that i did... I SLOWED DOWN 11 MPH FROM THE POSTED SPEED LIMIT WHEN I PAST THE GUY!!
i'm think it was i was driving a 1992 Honda Accord with an ethnic driver in a Mutli-Million Dollar primarly white neighborhood.
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