Since passing the Move Over Law in 2002, the state legislature has amended Florida Statute 316.126 five times to cover six vehicle classes for which you must change lanes. Failing to change lanes could result in a move-over citation punishable by a fine and points on your driving record.
Although these citations are not criminal traffic violations, drivers should consider fighting them to protect their driving record and wallet. An experienced traffic ticket attorney from The Ticket Fighter Law Firm is knowledgeable and skilled at fighting a ticket for Move Over Law violations. Below, you will learn about these citations and the options you have to challenge your move-over ticket.
What Does a Move-Over Ticket Mean for Lake Mary Drivers?
What is Florida’s Move Over Law? Florida’s law started simply. Drivers must move over for emergency vehicles in Florida when those vehicles give audible signals, such as a siren or exhaust whistle, or visible signals, such as blue or red lights, en route to an existing emergency. The driver must pull over into a position parallel to the curb and stop, yielding the right-of-way until the emergency vehicle has passed.
The law was later expanded to require drivers on a road or interstate highway to move out of the lane closest to a stopped emergency vehicle displaying flashing lights. By requiring drivers to move, the law reduced the risk of collisions with emergency vehicles and the vehicles of the people they were assisting.
In 2022 alone, Florida reported over 170 crashes from motorists failing to move over. That same year, over 14,000 citations were issued for move-over violations.
The authorized emergency vehicles Florida drivers must move over for include all of the following:
- Fire department and fire patrol vehicles
- Police cars
- Emergency management vehicles
- Organ transport vehicles
- Ambulances
- Municipal and county emergency vehicles
- Volunteer ambulance service vehicles
- Public service corporation vehicles operated by private corporations
- Fish and Wildlife Conservation Commission vehicles
- Department of Environmental Protection vehicles
- Department of Health vehicles
- Department of Transportation vehicles
- Department of Agriculture and Consumer Services vehicles
- Department of Corrections vehicles
The law has broadened considerably in 2021 and 2024 to include all of the following vehicles on the roadside:
- Sanitation vehicles performing sanitation services
- Utility service vehicles performing work related to utility services
- Wreckers displaying rotating or flashing amber lights performing a recovery or loading
- Road and bridge maintenance or construction vehicles that display warning lights
- Disabled motor vehicles stopped and displaying warning lights or hazard lights
Additionally, the law was expanded to cover other visual signals, including lighting emergency flares and posting emergency signage. The law even covers situations where one or more persons are visibly present near an authorized emergency vehicle, service vehicle, or disabled vehicle.
What is the penalty for violating the Move Over Law in Florida? Failing to move over for these vehicles is a noncriminal traffic infraction. This means you cannot go to jail for a violation. However, Florida Move Over Law penalties include a fine of $30 (which translates to $136 with all the additional fees). Many counties also require payment of court fees of $33.
Upon conviction, the Florida Highway Safety and Motor Vehicles Department (FLHSMV) can add three points to your driving record. By itself, three points will not impact your driver’s license. However, when combined with other citations, your license could be suspended.
What Should You Do After Receiving a Move Over Citation in Lake Mary?
After a move-over citation, assemble your evidence and strongly consider consulting a traffic ticket lawyer who knows how to fight a Move Over Law ticket.
Can you contest a Move Over Law ticket? Under Florida law, you have the right to a hearing where you can submit evidence, such as dashcam footage, to prove that you complied with the law or that you slowed down because changing lanes was impossible or unsafe. If a judge agrees with you, the citation will be dismissed.
What Evidence Could Help Challenge a Ticket Under Florida’s Move Over Law?
The evidence you present to the judge will typically include your testimony and the testimony of any passengers in your vehicle. Additional evidence that you could use may include the following:
- Dash camera or cell phone video from your vehicle
- Dash camera video from the police car that stopped you
- Eyewitness testimony from the first responders on the side of the road
- Testimony from the police officer
- Traffic or surveillance camera footage from the area
The prosecution bears the burden of proof. Specifically, they must prove that you violated the move-over statute by failing to move over when you saw a vehicle with the appropriate warning lights, even though you had the time and space to do so.
Was It Actually Possible and Safe to Move Over?
A key issue in many move-over cases is whether it was possible and safe for you to move over. According to the law, you are only required to move when the lane change can be safely accomplished. If the lane was occupied, vehicular traffic in that lane was traveling at high speeds, or there was no lane because the police had blocked several travel lanes, you are not required to move over.
A separate difficulty is proving what happened. The officer will testify that you were able to move over because that will be the basis of your citation. You will probably be unable to secure the testimony of other motorists on the road to support you. Thus, your defense will rely on your testimony plus any photographic or videographic evidence you and your lawyer can secure.
What Are Common Defenses to a Florida Move-Over Citation?
When fighting a ticket for Move Over Law violations, you may have the following additional defenses that show you complied or that compliance was not possible:
The Emergency Vehicle Was Not Displaying Warning Lights
If the citation was issued for not moving for an emergency vehicle, you can argue that the vehicle did not trigger your duty to move by displaying warning lights. If you did not see flashing lights, you may have a Move Over Law ticket defense in Florida.
Other Motor Vehicles Blocked You
If vehicles in the other lane were stopped or moving slowly, you might have signaled to move over. However, you might not have been able to move over if the vehicle next to you did not let you in.
You Slowed Down Below the Posted Speed Limit
Florida’s law includes an alternative for vehicles that cannot move over. If you cannot move over, you still comply with the law by slowing down to 20 miles per hour below the speed limit or five miles per hour if the speed limit is 20 miles per hour or lower.
Police officers might issue a citation, forgetting that you can still comply with the law by slowing down. However, proving that you slowed down can be a defense.
You Could Not See Flashing Hazard Lights, Emergency Devices, or People Near Disabled Motor Vehicles
Under the new amendments to the Florida Move Over Law, you must move over for stopped vehicles in Florida with flashing hazard lights, emergency flares or devices, or people nearby.
However, trees, vehicles, or infrastructure, such as bridge supports or highway barriers, might have blocked your view of the vehicle’s hazard lights. You may have a defense against a failure to move over ticket in Florida if your view was obstructed or you saw it too late to react and move over.
How Can You Challenge the Law Enforcement Officer’s Version of Events?
Most prosecutions for Lake Mary Move Over Law tickets rely primarily on the police officer’s testimony. Your testimony can rebut the officer’s account of what happened. If you had passengers in your vehicle, their testimony can corroborate your version. In some cases, the officer’s own body camera or dash camera footage will support your story or challenge the officer’s story.
What Happens if You Decide to Fight the Move-Over Ticket Under Florida Law?
If you successfully challenge a move-over ticket in Lake Mary, you can avoid the fine and driving record points that a court can impose. If you are unsuccessful, you will simply pay the fine and take the points. Thus, you have nothing to lose by fighting a move-over ticket in Florida.
Could Fighting a Move Over Ticket Protect Your Driving Record?
Fighting a ticket for Move Over Law violations can prevent FLHSMV from adding points to your driving record. You must receive at least 12 points in 12 months before FLHSMV suspends your license for 30 days. Thus, three points from a Move Over Law violation in Florida will not result in a suspension by itself.
However, if you already have at least nine points on your record or you receive at least nine points within a year of your Move Over Law citation in Florida, the department will suspend your license. Thus, knowing how to fight a Move Over Law ticket could save your license from suspension.
Contact The Ticket Fighter Law Firm to Start Your Move Over Citation Defense
A citation for failing to change lanes for certain vehicles can result in fines and driver’s license points. Our firm has over 20 years of experience fighting all types of citations, including alleged Move Over Law violations. Contact us to discuss your case with a Move Over Law ticket lawyer in Lake Mary.