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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 34360
Experience:  16 years practicing criminal defense.
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what should I expect for a 2misdemeanor Move Over law traffic

Resolved Question:

what should I expect for a 2misdemeanor Move Over law traffic violation in Atlanta, GA, Fulton county? Do I need a lawyer present in court? I am not a US citizen and here on H1N1 visa to work. Is there a possibility of jail time?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Barrister replied 6 years ago.
Hello,

This is the applicable section or the Move-Over-Law: Georgia Code, Title 40-6-16.

a. The operator of a motor vehicle approaching a stationary authorized emergency vehicle that is displaying flashing yellow, amber, white, red, or blue lights shall approach the authorized emergency vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows:

1.
Make a lane change into a lane not adjacent to the authorized emergency vehicle if possible in the existing safety and traffic conditions; or

2. If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.

b. The operator of a motor vehicle approaching a stationary towing or recovery vehicle or a stationary highway maintenance vehicle that is displaying flashing yellow, amber, or red lights shall approach the vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows:

1. Make a lane change into a lane not adjacent to the towing, recovery, or highway maintenance vehicle if possible in the existing safety and traffic conditions; or

2. If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.

c. Violation of subsection (a) or (b) of this Code section shall be punished by a fine of not more than $500.00


So you are looking at a $500 fine, no jailtime, and you don't need to spend money on an attorney. It is likely the classification is incorrect if you weren't charged with anything else.

Thanks.
Matt

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