THESE OFFENSES ARE GOVERNED BY N.C.G.S 20-157 AND FALL UNDER TWO GENERAL CATEGORIES
1. Failure to move the vehicle over or slow down when approaching emergency vehicles. Under the “Move Over” law, drivers must move over one lane, if possible, or reduce their speed when approaching emergency vehicles such as police cars or ambulances as well as public service vehicles – such as utility and towing trucks – with flashing lights stopped on the shoulder of a highway. This can be a very subject situation whereby the driver feels it is not safe to move over because of adjacent traffic but the officer believes that the driver could have gotten into the other lane. Since this is a safety issue and there have been several officers and emergency workers who have been injured by passing motorists, the court takes a very hard line when it comes to weighing defenses.
2. Failure to move over when being approached by an emergency vehicle. When a driver is approached by an emergency vehicle that is utilizing its warning signal the driver of every other vehicle shall immediately drive the same to a position as near as possible and parallel to the right-hand edge or curb, clear of any intersection of streets or highways, and shall stop and remain in such position unless otherwise directed by a law enforcement or traffic officer until the law enforcement or fire department vehicle,.
What are the Penalties?
Failing to move over when being approached by an emergency vehicle is a Class 2 misdemeanor. There is also a hefty fine of $250.00 plus court costs imposed on someone who is convicted for failing to move over for an emergency vehicle. The penalties are more severe if an emergency vehicle or work is hit or injured. Furthermore, a conviction is considered is a moving violation and counts as 3 points on your license. A conviction is also one insurance points and a conviction will cause at least a 25% insurance surcharge for three years.
How to Handle an Emergency Vehicle Violation
There are several strategies to handling these types of violations. Some of these approaches are as follows:
1. Did the officer make a note of the reason why the driver was stopped?
2. Was the citation written correctly?
3. Did the officer have a clear line of sight to the roadway
4. Has the driver or anyone in his or her household used a prayer for judgment continued?
5. When does the insurance policy renew?
If you have been charged with a failure to yield or move over violation please give me a call to discuss your case. I have over 20 years experience in resolving these cases. I can pull your record and determine the best course of action to deal with the charge and get your license reinstated.