At the start of 2024, the State of Florida expanded the scope of its “move over” law. This statute encourages motorists to exercise extra care when vehicles are on the side of the road or when emergency vehicles must pass. While these rules are intended to increase road safety, they also provide another reason for police to ticket drivers, sometimes unfairly. Of course, everyone should try to obey the Florida move over law, but if you get a ticket for this infraction, you can fight it with help from our team at Florida Ticket Firm.
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All 50 states have move over laws. Their primary purpose is to protect the safety of first responders who do important work serving their communities, and Florida follows this pattern. Move-over laws require other drivers to pull over and let emergency vehicles pass while they respond to an incident. Stopping along the roadside gives first responders clear passage to save lives and limits the odds of another accident. Move-over laws also set restrictions on how drivers may pass an official vehicle that has pulled over to the side of the road. Most often, this applies to police officers who are carrying out a traffic stop or assisting motorists.
Florida has been publishing data on drivers and its move-over law since 2015. This information shows that drivers not moving over have led to over 1,700 crashes, 128 serious injuries, and eight deaths. For this reason, the state expanded its traffic laws to include additional guidelines on moving over for stopped vehicles.
You can find the official text of the Florida move-over law in Chapter 316.126 of the state’s statutes. Here is a simple breakdown of that information.
The first element of the move-over law in Florida requires drivers to stop as close as possible to the edge of the roadway when emergency vehicles give audible or visual signals to respond to an incident. Drivers should stop parallel to the road and stay clear of any intersection until the emergency vehicle has passed. The second part of the law tells drivers to move over or slow down when another driver has stopped on the side of the road. Originally, the law only applied to emergency and law enforcement vehicles. In 2014, Florida expanded the law to include municipal, utility service, and sanitation vehicles, as well as tow trucks.
The newest rules took effect in 2024 and require drivers to move over for any vehicle that has stopped on the roadside. Therefore, someone who does not move over or slow down for a passenger vehicle could receive a ticket for violating Florida’s move-over law.
On multi-lane highways in Florida, you should change lanes to move away from the stopped vehicle as soon as you can safely do so. If you cannot change lanes safely, you should never stop in the middle of the road and wait to change lanes. Instead, you would treat the situation as if you were on a two-lane road.
On two-lane roads in Florida, it is obviously unsafe to move over into the lane for oncoming traffic. In this case, the law requires you to slow down to 20 mph below the posted speed limit. If the speed limit is 20 mph or lower, you must decelerate to 5 mph and proceed cautiously past the stopped vehicle.
The only exception to either rule is if an emergency worker is on the scene, guiding traffic, and directs you to do otherwise.
Failing to obey the Florida move-over law can lead to legal and other consequences.
The fine for failing to obey Florida’s move-over law can go up to $158. However, certain circumstances can increase this to $500, such as when a driver fails to reduce speed in a school zone.
A driver can also receive 3 points on their license for this infraction. Keep in mind that 12 points within 12 months lead to a 30-day suspension.
Insurance companies view drivers with violations as a greater risk and increase premiums accordingly. Value Penguin conducted research and found that three points could increase rates by up to 23%, while four points could increase rates by up to 44%.
The long-term consequences often make fighting a ticket worth it. However, you’ll need to build a strong defense to convince the judge to drop or reduce the charges.
Doing this can require two court appearances, which is time away from work or other responsibilities. If you don’t get a favorable outcome, you may have sacrificed that time for no gain.
A few defenses for fighting a ticket pertaining to Florida’s move over law include:
Presenting a convincing argument can be challenging. Even when you’re right, the other side could beat you on a technicality. That’s why you should consider getting legal counsel when fighting your ticket.
The updated Florida Move Over law will hopefully help roads become safer. Still, the new guidelines could lead unsuspecting drivers to face strict penalties.
If an officer gave you a ticket for allegedly not following Florida’s move over law, you don’t necessarily have to pay the fine and accept the penalties. Contact us at Florida Ticket Firm to learn how we can fight your ticket, protect your driving record, and save you time.
