$754, 3 points - Move Over and Slow Down??

cobrasnake · #1 (**permalink**) 02-01-2010, 11:06 AM

Effective January 1, 2010 - if you are in the lane adjacent to an Emergency Worker/CHP officer (presumably with lights flashing), you must either pull over one lane or reduce your speed by 20 mph under the posted limit or risk a $754 citation and 3 points on your record. Fortunately I was only told about this by a friend (neither of us experienced it) and but confirmed it on Snopes.com.

AAA supports two new 'move over' laws. SB 159, authored by Senator Joe Simitian (D-Palo Alto), makes permanent California's "Slow Down and Move Over" law. When approaching an emergency vehicle or tow truck displaying emergency lights on the highway motorists must slow down and move out of the lane adjacent to the emergency vehicle, if it's safe to do so. Additionally, SB 240 authored by Rod Wright (D-Inglewood) expands the "Slow Down and Move Over" law to include Caltrans vehicles that are flashing amber lights. Effective January 1, 2010.

As is typical of these reports, there seems to be some question as to their truth. Can anyone provide more clarification??

Ron61 · #2 (**permalink**) 02-01-2010, 11:20 AM

Here is a thread about this that is in the Lounge now. It should answer your question.

Move over traffic laws

Ron

Z-linkCobra · #3 (**permalink**) 02-01-2010, 12:01 PM

We have had a law similiar to that here in Texas for a while now. I dont know that is enforced but your supposed to move over a lane if there is an officer or other safety vehicle on the shoulder. Im pretty sure the law states you have to move over if it is safe to do so....how are you going to enforce that? It would be your word against the officers in court...I dont think the ticket would hold up. We also now have laws that prevent us from using our cell phones while driving through school zones...when lights are flashing or children are present.

madmaxx · #4 (**permalink**) 02-01-2010, 12:46 PM

They enforce in Houston, buddy got a ticket, went to court but dont know how it turned out.

An officer is an unbiased witness with no relation too accused. His word is always better than the citizens.

I agree with the law, move over!!

Quote:

Originally Posted by Z-linkCobra

We have had a law similiar to that here in Texas for a while now. I dont know that is enforced but your supposed to move over a lane if there is an officer or other safety vehicle on the shoulder. Im pretty sure the law states you have to move over if it is safe to do so....how are you going to enforce that? It would be your word against the officers in court...I dont think the ticket would hold up. We also now have laws that prevent us from using our cell phones while driving through school zones...when lights are flashing or children are present.

rustyBob · #5 (**permalink**) 02-01-2010, 03:01 PM

You should move over that could be a friend or relative in need of assistance........

cdnus · #6 (**permalink**) 02-01-2010, 04:00 PM

$754????
I would have liked to be a fly on the wall when they were coming up with that number.
1st. civil servant---Let's fine these a-holes $750 that'll stop them.
2nd. civil servant---Let's really teach them a lesson & whack them $754, not only will we stop the problem, but we can phuk with their heads a little.

Craig

Calbullet · #7 (**permalink**) 02-02-2010, 12:00 PM

Just received this from a friend on the force,

1. CVC section 21809 is a valid and enforceable violation. In summary, drivers must do ONE of the following:
(1) Make a lane change into an available lane not immediately adjacent to the authorized emergency vehicle, tow truck, or DOT vehicle, if safe.

(2) If the maneuver described in paragraph (1) would be unsafe or impracticable, slow to a reasonable and prudent speed.......

However, the fine is only $50, imposed by the state (plus local and county assessments), totaling about $125-150. It's certainly not going to be anywhere near the alleged $754 as stated below.

2. Also, being that 21809 is a moving violation, it will only be "1" point on the driving record that drops off after 3 years from the conviction date, again not "3" points as exaggerated below.

3. As far as "mandatory court appearance," the violation is an infraction, so it can easily be kept off the driving record by paying the fine and taking an "on-line" traffic school for $20 bucks.

(What the writer doesn't say is that his $754 fine and 3 points probably included driving on a suspended driver's license which is "2" points and costs about $600 including county assessments.) Driving on a suspended license is a "misdemeanor" which requires a "Mandatory Court Appearance." Don't believe half the garbage on the internet.