Dunwoody Officer Injured During DUI Investigation

DeKalb County Courthouse

Dunwoody, Ga. - According to reports out of Dunwoody, an officer stopped a DUI suspect in the early hours of August 15th.

During the investigation of the driver, the officer was struck by another vehicle. As a Georgia DUI Lawyer, I will focus on the law behind the violation of the Move Over Law. The Dunwoody Police Department released a statement on social media stating “This should serve as a great reminder to MOVE OVER when you see emergency vehicles on the shoulder.”

The Move Over Law in Georgia

As with other traffic violations, such as failure to maintain lane in Georgia or speeding in Georgia, a Georgia Move Over Law violation can lead to a DUI investigation or as in the story above a search of a vehicle.

The Move Over Law is defined by law in O.C.G.A. §40-6-16:

(a) The operator of a motor vehicle approaching a stationary authorized emergency vehicle that is displaying flashing yellow, amber, white, red, or blue lights shall approach the authorized emergency vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows:

(1) Make a lane change into a lane not adjacent to the authorized emergency vehicle if possible in the existing safety and traffic conditions; or

(2) 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.

Practice Note

If you have been arrested in the state of Georgia for a traffic or DUI related offense, call us today.