Georgia Move Over Law & Labor Day DUIs

Roswell, GA police made the nightly news recently! If you have traveled on Holcomb Bridge Rd. recently you may have noticed a lot of police action on both sides of the road. I am here to tell you what has been going on folks, Move Over tickets, and lots of them. I’ve been to Roswell Municipal Court on a few of these cases and the courtroom has been packed with angry motorists cited for violation of O.C.G.A § 40-6-16, titled Procedure for passing stationary authorized emergency vehicles, stationary towing or recovery vehicles, or stationary highway maintenance vehicles. That’s a mouthful, right?

Most people in court said either (1) they were not aware of the correct meaning of the law or (2)“it’s entrapment!” More on the e-word later. The move over law essentially states that you must move over for stationary authorized emergency vehicle or stationary towing or recovery vehicle or a stationary highway maintenance vehicle when they are flashing their lights. If you absolutely cannot move over, you are to slow down, slower than the speed limit, and be prepared to stop. You will be ticketed if you slow down in your lane (closest to the flashing vehicles) if you had the ability to move over to another lane.

As far as entrapment goes, I have seen it argued and I have heard it shot down. Roswell Court is not buying it on these cases. Consider yourself forewarned. Also, the police cruisers have videos in most of the move over cases. You may have always pictured yourself on the big screen, but you don’t want your debut to be on a big courtroom screen. Please take the time to read the Move Over Statute in its entirety at: http://law.justia.com/codes/georgia/2010/title-40/chapter-6/article-1/40-6-16. And now you know!

Also, Labor Day is almost here and you know what that means,


I can assure you there will be roadblocks and they will be looking for Roswell DUI drivers over the long holiday weekend. Have a great weekend, have fun and stay safe!

You can watch WSBTV’s report on Roswell, GA Move Over Violations here: http://www.wsbtv.com/news/news/local/police-cracking-down-drivers-violating-move-over-l/nnWbY/