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Failing to respect Move over Law. 288$ Traffic ticket! Is this normal?

Atlanta, GA |

I got arrested on a Highway in Alabama for not respecting the Move over Law. After having spend some time on this forum, I consider that I am victim like many other of the abusive use of Failing to the Move over Law by Alabama Troopers (they arrest someone on the shoulder for some reason, give him a ticket, and arrest the next car who didn't move over... Leapfrogging form one car to another).
Basically, this is my first traffic offense in the US.
He told me that the fine was 49$ and today, when I log on, I see that the fine is 288$.
Is that normal? Seems like a racket to me.
What should I do?

Attorney Answers 3

  1. In DeKalb County, GA, where I assisted a family member who was ticketed for one of these violations (known as "Spencer's Law", I believe), the fine was $750. I , too, was incredulous when I first looked it up. I was able to negotiate with the assistant district attorney and reduce it considerably, but it was still very expensive.

    Not too much you can do here. You'll probably have to return to the county in AL where the traffic court is for the initial hearing/arraignment. Perhaps at that time you can get the prosecutor to reduce the offense to something less, something that avoids points on your insurance record. You can also attempt to retain a local atty there to assist you, but that will likely cost twice as much as the ticket. Good luck.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-668-3790 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at don@HawbakerLaw.) An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated my Law Office as a debt relief agency that can help people file bankruptcy.

  2. $288 is not a large fine for this offense. YOu need to inquire of an Alabama licensed attorney as to whether you have any viable defenses to this ticket. For instance, in Georgia, if the traffic is heavy and there is not an opportunity to move over, slowing down considerably complies with the statute.

    Allen R. Knox
    125 TownPark Drive, Suite 300
    Kennesaw, GA 30144
    (678) 334-1399

  3. You should probably post this question under "Alabama Traffic Tickets" to get better answers. However, in Georgia this is a misdemeanor offense and the officer can arrest at his discretion. The decision to arrest is entirely up to the arresting officer.

    James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.

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