Most NJ drivers are not too sure what the Move Over Law is. Some did not even know that NJ has it on the books, let alone enforces it vigorously.
When a police officer pulls a motorist over, he usually will walk over to the driver side of the vehicle. Although the car is on the shoulder, there is still a risk that a car in the lane closest to the shoulder can hit the officer.
Unfortunately, this happened to Officer Marc Castellano and he was killed as a result.
To prevent this from happening again and to facilitate officer safety, New Jersey passed the Move Over Law (NJSA 39:4-92.2).
You know you got hit with a Move Over Law ticket if the description of the offense says something like: “failure to change lanes when approaching stopped emergency vehicle.”
Move Over Law Basics
The Move Over Law applies whenever you approach a vehicle with flashing lights that is pulled over to the side of the road. This includes police cars as well as emergency response vehicles.
If you are driving in the right-most lane and notice that a police officer has pulled over a motorist, you are––by law––required to put your signal on and merge into the lane immediately to your left. Likewise, if the emergency vehicle is stationed on the left, you must merge into the right lane.
In either circumstance, the law requires you to move over by changing lanes and leaving an entire lane of space between your car and the emergency vehicle.
However, if it would be unsafe or impossible for you to change lanes (e.g. due to other cars whizzing by), then you will not be required to move over.
Instead, you will by required to slow down to a speed lower than the posted speed limit and be prepared to stop.
Failing to do this is grounds for receiving a move over law ticket in NJ.
Penalties for Violating the NJ Move Over Law
The good news is that the Move Over Law in NJ does not carry any points.
However, the bad news is that it comes with a fine of $100-$500. Aside from that, it is possible that your insurance carrier will increase your auto insurance for this offense.
While some carries will not raise your rates at all for a move over law violation, others put this in the same category as a careless driving offense, which can lead to an astronomical increase in your auto insurance.
The best thing to do here is contact your car insurance carrier to find out the long-term effect of this ticket on your auto insurance.
Not only that, but be sure to also contact an experienced NJ traffic ticket attorney to discuss your options.
An attorney might be able to negotiate your move over ticket down to a non-moving violation. If successful, that would save you tons of money––both on your total fine and potential insurance hike.
Who Should You Contact?
If you recently received a Move Over Law ticket in New Jersey (NJSA 39:4-92.2) for failing to change lanes when approaching a stopped emergency vehicle, contact Michael Botton of The Botton Law Firm today at 732-894-3686. His team of trained NJ traffic ticket lawyers will fight to get your fine reduced while saving you from an astronomical auto insurance hike.