I got pulled over for passing a patrol car parked on the right side of hwy with flashing lights but wasn't doing anything I slowed down to a speed of 50 mph because I couldn't merge to my left due the that it was during rush hour I passed the officer and then he proceeded to pull me over how can I fight this
Asked on 10/13/14, 11:42 am
1 Answer from Attorneys
Glen Ashman
Ashman Law Office also dba Glen Ashman Attorney
The Georgia move over law requires you to either move over or to slow down. The slow down language is "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."
This presents a factual issue. In many cases, 50 would be an excessive speed in that situation, but that depends on the average traffic speed, speed limit (50 might be more reasonable with a 70 MPH limit than a 55 MPH limit), weather, and many other factors. If you feel you have a good argument, retain a lawyer to assist in defending the case.
Answered on 10/13/14, 12:08 pm
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