As we reported in “New York Move Over Law Takes Effect” at the beginning of the year, New York’s “move over” law went into effect on January 1, 2011.
The move over law requires motorists on multi-lane highways to slow down and “move over” (when safe to do so) giving safe clearance as one approaches stopped emergency vehicles with red flashing lights. If you do not slow down and change lanes when approaching such vehicle, you can be issued a moving violation which carries 3 points and up to a $150 fine. On single lane roads, motorists must slow down and use caution.
It is now being reported by many clients that police are using this new law to trap motorists. Specifically, they park a police car on the side of the road with lights on (and sometimes without) and wait for motorists to fail to move over. Despite there being no emergency, motorists are then pulled over and issued a “move over” ticket, a 3-point violation.
This law was specifically enacted to protect law enforcement officers who have been killed or injured while responding to roadside emergencies. It is therefore disconcerting that police officers would create fake emergencies to ensnare motorists.
Because this is a new law, this particular trap has been very effective catching many motorists in “violation” of the law. If you are such a victim, we recommend pleading not guilty and fighting your move over ticket.
Note: The Move Over Law was amended effective January 1, 2012. To read about the expanded law, read New York Move Over Law Amended.