Q: Can i fight a failure to move over for emergancy vehicle ciation, i slowed down and left lane was blocked?
I had a car directly to my left, so i couldnt merge over. However, i still slowed my car the moment i saw the cop car. Which was to 60-59mph. (speed limit 65) Is the ticket still valid? (ATL, Georgia)
A:
Based on your narrative, the ticket is defensible.
OCGA 40-6-16(b) states:
"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."
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