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I received a ticket in April 2009 for failure to yield to a state emergency vehicle. I slowed down versus changing lanes due to it being a construction area with alot of blinking lights and cones. It was night and rather dangerous to just quickly change lanes. What was the penalty for this law prior to April 2009? The current penalty is a fine of $25.00 but was not signed into law until May 2009 which was a month after receiving the ticket.
State/Country relating to Question: Alabama Already Tried: I wrote a letter. They have not responded. I will follow up with another letter and send certified.
hi
what state, please?
Alabama
thank you for that information. the law became effective in July 2006, prior to that one could be charged with reckless endangerment which carries a possible penalty of first conviction by imprisonment for a period of not less than five days nor more than 90 days, or by fine of not less than $25.00 nor more than $500.00, or by both such fine and imprisonment, and on a second or subsequent conviction shall be punished by imprisonment for not less than 10 days nor more than six months, or by a fine of not less than $50.00 nor more than $500.00, or by both such fine and imprisonment, and the court may prohibit the person so convicted from driving a motor vehicle on the public highways of this state for a period not exceeding six months, and the license of the person shall be suspended for such period by the Director of Public Safety pursuant to Section 32-5A-195
it seems the fine has been the same since inception. the law applies to those on 4 lane highways and when it can be safe to move to another lane. here is that law 32-5A-58.1
(a) A motorist approaching a stationary authorized emergency vehicle that is displaying flashing emergency lights shall yield the right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least four lanes with not less than two lanes proceeding in the same direction as the approaching vehicle.
(b) If changing lanes would be impossible or unsafe, the motorist shall reduce the speed of the vehicle, maintaining a safe speed for road conditions
The statute as it is listed in Alabama is 32-5A-58.1. The one that you have quoted is a different number. It does not read as the one that I have on the print out of the recently enacted bill. They said that the statute would be repealed from the Alabama Code of 1975.
no. the one i provided is 32-5A-58.1 - here is the link so you can read it yourself - you may have to hit the "search button" and insert the statute number for it to come up. but what i gave you is that code and the only law pertaining other than the reckless driving.
if your citation says a different statute number, let me know what it is, please.
Rep(s). By Representative MartinHB361ENROLLED, An Act,
Relating to motor vehicles; to require the driver of a motor vehicle to move over when approaching a law enforcement vehicle, an emergency vehicle, or wrecker under certain conditions on a four-lane highway or slow down or to slow down on a two-lane road; to provide for penalties; to provide for a public awareness program; to repeal Section 32-5A-58.1, Code of Alabama 1975; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall be known as the "Alabama Move Over Act."
Section 2. (a) When an authorized law enforcement vehicle or emergency vehicle making use of any visual signals is parked, or a wrecker displaying amber rotating or flashing lights is performing a recovery or loading on the roadside, the driver of every other vehicle, as soon as it is safe, shall do the following:
(1) When driving on an interstate highway or other highway with two or more lanes traveling in the direction of the law enforcement vehicle, emergency vehicle, or wrecker, the driver shall vacate the lane closest to the emergency vehicle or wrecker unless otherwise directed by a law enforcement officer. If not safe to move over, the driver shall slow to a speed that is at least 15 miles per hour less than the posted speed limit unless otherwise directed by a law enforcement officer.
(2) When driving on a two-lane road, the driver shall move as far away from the emergency vehicle as possible within his or her lane and slow to a speed that is 15 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater or travel at 10 miles per hour when the posted speed limit is 20 miles per hour or less, unless otherwise directed by a law enforcement officer.
(b) A violation of this section is a misdemeanor punishable by a fine of twenty-five dollars ($25). Upon a second violation of this section, the fine shall be fifty dollars ($50). Upon a third or subsequent violation, the fine shall be one hundred dollars ($100).
Section 3. (a) The Department of Public Safety shall provide an educational awareness campaign informing the motoring public about this act. The department shall provide information about this act in all newly printed driver's license educational materials after January 1, 2008 2010.
(b) This act shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.
(c) Notwithstanding the provisions of Section 2, this act shall be enforced by a warning citation for six months after the effective date of this act.
Section 4. All laws or parts of laws which conflict with this act are repealed. Section 32-5A-58.1, Code of Alabama 1975, is expressly repealed.
Section 5. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.
Section 6. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.
as i understand it. and the law pertains to four lanes with not less than 2 lanes as you can see from the law i provided.
Attorney at Law
20 years practicing law
As it reads, is the fine $25.00?
my research shows the fine is $185.00. i am not sure where you got $25. i was under the impression that is how it was marked on the citation.