Everything You Need to Know About Unlawful of Passing Emergency Vehicles in Georgia

Passing emergency vehicles is a somewhat newer crime and one that many people are unaware of. It was established because of the growing number of fatalities of police officers, emergency technicians, and Department of Transportation workers being killed during routine traffic stops across the nation. Due to these deaths, more than thirty states have passed a Move Over law, including Georgia which calls it the Spencer Pass Law. In some states, a conviction can cost upwards of a thousand dollars, but Georgia's penalty is a fine of up to $500 plus surcharges. Courts value the safety of our officers and emergency personnel. Contact one of our attorneys today to represent you and provide your best defense.

Spencer Pass Law in Georgia

The move over law in Georgia was named after Spencer Pass who was a HERO driver who was struck and fatally killed by a passing vehicle who failed to move over. Pass was assisting a stranded vehicle when he was hit by a passing utility truck driver who was towing a trailer.

O.C.G.A. §40-6-16

(b) 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.

(c) The operator of a motor vehicle approaching a stationary towing or recovery vehicle, a stationary highway maintenance vehicle, or a stationary utility service vehicle that it utilizing traffic cones or displaying flashing yellow, amber, white, or red lights shall approach the 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 towing, recovery, highway maintenance, or utility service 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.

Penalties for a Passing Emergency Vehicle Conviction

The penalty for passing an emergency vehicle in subsection (b) which includes police officers, fire trucks, ambulances, etc. is a fine of no more than $500.00. If it was a utility vehicle as in subsection (c) such as an electric, cable, telephone, water, or waste vehicle, then the fine is no more than $250.00.

In addition to a fine, a conviction for a failure to move over will result in 3 points on your license. Accumulating points can lead to a suspended license and higher insurance costs.

Defenses for Illegal Passing of an Emergency Vehicle in Georgia

People have been successful in fighting tickets because the Georgia law leaves discretion to the officers as to what a reasonable and proper speed is if you were unable to move into the adjacent lane. Other states, such as Florida, state that drivers must slow down to at least 20 mph below the posted speed limit when passing emergency vehicles. Georgia makes no such distinction and therefore, officers are left with the power to decide when they think someone has broken the law. Your Attorney will argue that you were going a reasonable speed and there is a lack of evidence that you were not. Once this has been established, your Lawyer will seek for the charge to be dismissed or reduced.

What are Not Defenses for Illegal Passing of an Emergency Vehicle in Georgia? 

An argument that you did not see the flashing lights will not be recognized. However, if you can prove that the vehicle was not flashing their lights, then that could be a defense. Overall, drivers are expected to be aware of their surroundings and a failure to move over and failure to reduce your speed will likely result in a ticket and furthermore, a fine and points on your license. If traffic conditions made it unsafe to move over safely, if it can be shown your vehicle slowed below the posted speed limit, the Law Office of Richard Lawson and their team of attorneys may be able to use this to your defense.

Contact Us

If you have been charged with passing an emergency vehicle in Georgia, contact us today. Our office is available 24/7 to help including nights, weekends, and holidays. Call now to speak with one of our knowledgeable Attorneys.

 

 

 

Have you been charged with Unlawful Passing of an Emergency Vehicle in Georgia?