Move over law = BULLS**T!!!!

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Old 06-27-2008, 10:21 AM
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Originally Posted by jdmturtleracin
AND I BET YOU THOSE GUYS WON'T GET A TICKET FOR NOT HAVING A LICENSE PLATE EITHER....
oh damn! i didnt even catch that!
Old 06-27-2008, 10:35 AM
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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 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.

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.
The little paper says that you just have to move out of the lane. Then they say if it's not possible (moving out of the lane), then you slow down.
Old 06-27-2008, 10:41 AM
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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.
Old 06-27-2008, 10:45 AM
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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.
if the speed limit is 30... i should have been going 10 MPH.. 20 MPH less than the posted speed
Old 06-27-2008, 10:56 AM
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Don't know why I thought half. Must've been my work or something.
Old 06-27-2008, 11:01 AM
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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
Old 06-27-2008, 11:01 AM
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Sorry... ignorance of the law is no excuse for breaking it...

< / thread >
Old 06-27-2008, 11:02 AM
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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

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.
Here is where they re-enforced the act last year.

http://www.leg.state.fl.us/Statutes/...316/Sec126.HTM
Old 06-27-2008, 11:04 AM
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That sucks I wonder if it is a law in NC?
Old 06-27-2008, 11:37 AM
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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??
Old 06-27-2008, 12:37 PM
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http://www.liveleak.com/view?i=73b_1181126870

thats why they ask you to move over...
Old 06-27-2008, 12:38 PM
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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??
maybe he was finishing some paper work after pulling someone over? ive seen that happen before...
Old 06-27-2008, 01:38 PM
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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?
Old 06-27-2008, 01:47 PM
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They don't have to here unless you go to court. Then he'll take his calibration records. I asked a cop once if he calibrated his gun recently and naturally he got more pissed.
Old 06-27-2008, 01:49 PM
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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...
Old 06-27-2008, 01:52 PM
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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...
He was revenue whore'n for the county
Old 06-27-2008, 02:15 PM
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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...

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.
Old 06-27-2008, 02:31 PM
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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...
Theres no need. In FL you get 2 court dates. The fist one is a pre tril. You show up & ether continue to plead not guilty, then a 2nd court date will be set for trial. That is where you fight it.

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.
Old 06-27-2008, 02:48 PM
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ahhhh...i'm gonna plead no contest...just to get it over with...
Old 06-27-2008, 03:58 PM
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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.
Old 06-27-2008, 04:56 PM
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shoulda run that jerk cop over.
Old 06-27-2008, 05:54 PM
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Originally Posted by GreenMonster
Sorry... ignorance of the law is no excuse for breaking it...

< / thread >
look at that...another sign of abuse of power??
Old 06-27-2008, 06:03 PM
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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.

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.
Old 06-27-2008, 10:14 PM
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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.
OK. You don't have to take pictures and all that, you don't owe me anything.
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