Move Over Law Ticket - Has anyone had luck getting fees/points reduced?

Submitted by nooneyouworkwith t3_ysmo1s in Pennsylvania

I'm an out-of-state driver who got a "Move Over Law" ticket a few days ago. It looks like the law was updated a couple of years ago with higher fees (up to $500 for a first offense, up to $2000 and a 90-day license suspension for a third offense). I fully admit to doing what I was accused of, and have no plans to try and fight it at this point. My lame defense is simply that I had never heard of the law in 20+ years of driving, and never seen or heard of anyone in my home state getting a ticket for it despite similar laws being on the books everywhere. I was driving the speed limit and saw the officer ticketing someone else, but drove by thinking nothing of it. The ticket doesn't indicate speeding or any other adverse conditions (weather, construction zone, etc.) that make it appear to be egregiously reckless.

For anyone who has gotten a ticket like this, have you had any luck getting the fees and/or points on your driving record reduced by a judge? My instinct is to point to my previously perfect driving record and out-of-state residency and hope the judge is sympathetic. Does anyone know how much discretion they have with things like this? Thanks in advance.

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cutiecat565 t1_ivztjj2 wrote

I don't think you'll get out of it. They are taking it very seriously now to make people follow it. Too many have been killed next to disabled vehicles in the last few years. I don't see the judge letting this one go.

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James0nJuiceb0x t1_ivzx5c5 wrote

Agreed. Pleading ignorance of the law, at any level, definitely wouldn't be the best defense either.

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Prestigious-Buy1774 t1_iw3cg14 wrote

I concur. I was once told by a judge at a ticket hearing that ignorance is not a defense. When you are driving in another state it is your responsibility to learn And obey the laws Once you are there.

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nooneyouworkwith OP t1_ivzwx1u wrote

Yeah, I get the idea behind it and understand. I'm not trying to get out of it, but my hope is that the judge has some discretion to reduce the impact somewhat. Completely legally irrelevant but adding to my frustration is that this clearly wasn't a crash scene or emergency of any kind, but because the officer was giving someone else a ticket.

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James0nJuiceb0x t1_ivzxidc wrote

> Completely legally irrelevant but adding to my frustration is that this clearly wasn't a crash scene or emergency of any kind, but because the officer was giving someone else a ticket.

As long as the cops lights were flashing, the law applies. Its intent is to protect those stopped and/or working along the road.

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pa_bourbon t1_iw15iiw wrote

Doesn’t have to be a crash scene or an emergency. One pickup truck with a flashing light on top that belongs to a highway worker who stopped to pickup a shredded tire is enough to trigger it.

Move over, slow down. The signs are everywhere.

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therealdarkcirc t1_ivzsiae wrote

I’ve honestly never heard of someone actually getting one of these but would love to see it actually enforced.

I don’t know what your chances are, but if i were the judge i’d immediately check if your home state has a similar law. Does it?

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Dispatcher12 t1_ivzw7g4 wrote

I have seen them enforced , and it was expensive, but it was in NY state just over the border from where I live. They do not play in the Corning /Elmira area. I don't know how many state troopers NY has but some days it seems like a third of them are on Rt 17 between Corning and Binghamton.

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ponte95ma t1_iw0c5lk wrote

Wow is that DoT.gov link a tour de force. Thanks for sharing that!

Now I shall spend the weekend alternating between 1) nightmare scenarios at "four corners" states, and 2) daydreams about a national standard that would reduce such impossibly exhaustive, exception-laden documentation down to a couple lines.

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Valuable-Pipe-3722 t1_ivzwf59 wrote

To answer your question, judges have a lot of discretion in traffic court. But I agree with others that they probably won’t throw this out because it’s a major safety issue, and quite frankly you probably drove past several signs stating the law very clearly. Most states have this law now and it’s pretty well publicized.

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Blexcr0id t1_iw2c4as wrote

Wouldn't hurt to try. Show up, apologize, and be honest about it. Judge might reduce points. Worst they can say is "No"...

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AFD_0 t1_iw12xj7 wrote

Always thought it was a good idea to slow down and give a wide berth to anyone on the side of the road, whether it's an accident or disabled vehicle, someone giving/getting a ticket, road crews, postal workers, garbage trucks or other utility workers - but only, if it can be done safely without potentially causing an accident yourself.

Iirc, the wording of the new law gives some leeway for that last point. For example, on a 2-lane rural highway, it's not always safe to move a lane over putting you into oncoming traffic you may or may not see (the roads are windy around here and there's designated passing spots for a reason). On the other hand, it's usually a lot safer to at least slow down, though hard braking if they're in a bad spot can likewise cause an accident. And depending upon traffic and visibility, jumping into the far or middle lane isn't always possible within only a few seconds (especially if surrounding traffic is all trying to do the same thing).

Many years ago when I got pulled over for speeding in the Carolinas, the trooper was smart and only approached the vehicle from the passenger's side window - which probably also gave him a better view of my actions and inside the vehicle. Not sure why that's not a standard procedure around here, but at least my last traffic stop they were nice enough to wait before lighting me up and let me pull over into a small parking lot, giving him plenty of room on either side.

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discogeek t1_iw3wo1r wrote

I know of easily 20 people in the same situation, their defense was that they didn't know about the law.

If you challenge it and go in front of a magistrate, usually the response I've heard is that not knowing isn't their problem, it's your responsibility to know, and the law is to enable safety for law enforcement and emergency professionals so it should be a lesson. 100% of them failed in getting anything reduced. One of them got thrown into jail overnight for escalating things and screaming at both the cop and magistrate at the hearing, so don't do that.

You definitely can try and if you get a sympathetic judge they might agree with you. I'm sure it's happened to some people who went that route. My anecdotal stories don't mean you'd be in the same boat.

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PuzzledKale2841 t1_iw4dvqp wrote

You aren’t getting out of it. It’s simple courtesy to move over for someone stopped on the side of the highway, and you’d appreciate it too if you were in that position.

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Chemical_Miracle_0 t1_ivzt6ca wrote

I’ve never heard of anyone actually getting a ticket for this. Ignorance of the law usually doesn’t work as a defense. Maybe ask r/LegalAdvice ? Hopefully you can get it tossed.

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PBfromPhilly t1_ivzw7tz wrote

Same here - never heard of it until my ticket. I just paid it, but I’ve heard from others that they tried to get out of it, but to no avail.

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nooneyouworkwith OP t1_ivzxlau wrote

Yeah, I'm not going to try to get out of it. I'm just hoping for some amount of leniency, especially since I have to appear before a judge anyway as part of it.

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ksquad80 t1_iw0qgdu wrote

I'm confused. You got a ticket but you are asking others what they were charged for the same offense?

The ticket the officer handed you has the amount you owe on it. If you are not going to fight the ticket (which is a losing proposition anyway) then you have to pay that fine. And frankly, if its only $127.50 you should count yourself lucky.

The judge can't arbitrarily reduce your fine, even if they felt sympathetic (which they won't). The fine is associated with the charge and I doubt there is a reduced charge for your violation.

If points are involved that is something, maybe, they could work with you on. But other than that you are shit out of luck.

Write the check and be done with it. It's not going away and you'll feel better once it's off your mind.

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nooneyouworkwith OP t1_ivzy49w wrote

Do you recall what the total cost was after fees? I'm just bracing for impact.

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PBfromPhilly t1_ivzyd2p wrote

It was $127.50

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nooneyouworkwith OP t1_iw01emv wrote

Appreciate the info. Thanks.

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PBfromPhilly t1_iw01mmz wrote

No worries. Just sucks that this wasn’t announced properly. A little odd that so many people were unaware.

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SquintyB t1_ivzwls2 wrote

Was the cops flashing lights on?

" An emergency response area is where an emergency vehicle has its lights
flashing, or where road crews or emergency responders have lighted
flares, posted signs, or try to warn travelers."

Source: https://www.penndot.pa.gov/TravelInPA/Safety/TrafficSafetyAndDriverTopics/Pages/Move-Over,-Slow-Down.aspx

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nooneyouworkwith OP t1_ivzxwao wrote

Yep, they were performing a traffic stop on the shoulder with the lights on.

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SquintyB t1_ivzyato wrote

There's not really any argument you have then. You said you're from out of state, hopefully the points don't transfer. Good luck.

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412Junglist t1_iw1njsj wrote

Why the hell would you not move over then? Do you have any idea how many people are killed on the side of the road? I have no sympathy or pity for your penalty incurred. Take your lumps, learn your lesson and do better next time.

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opskito t1_iw02hxh wrote

Haven’t received such a ticket. Don’t know if points transfer between states. That said, if you want to see if you can have the penalty reduced, you must plead not guilty and appear in court.

In court, you may be able to make a deal with the police officer before the hearing starts. Failing that, you can make your case to the district magistrate.

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[deleted] t1_iw4578p wrote

[deleted]

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WookieeSteakIsChewie t1_iw9jpte wrote

Or you could just be a decent human being and get out of the lane when you see literally anyone on the side of the road.

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pro2aAllDay t1_iw17x1x wrote

Fetterman said he was going to fix this. Give him a call.

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