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

Asked over 1 year ago - Atlanta, GA

Hello,
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. Donald F. Hawbaker

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . 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... more
  2. Allen Rust Knox

    Contributor Level 16

    Answered . $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. James Lawrence Yeargan Jr.

    Contributor Level 20

    Answered . 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... more

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