Will a tragic incident on Interstate 80 lead to a stricter move-over law
in effect along the Grapevine?
Peace officers around the country are concerned over a spike in the number
of officers who are injured or killed while they are on traffic patrol;
according to the National Law Enforcement Officers Memorial,
eleven officers were struck by vehicles while they were outside their patrol cars in 2015.
But upon closer inspection, the state’s move-over law did not even
apply. For example, in the wreck outside Donner Summit, an SUV spun out
of control on an ice patch before it fatally struck the officer, who was
on the scene of another fatal wreck.
VC 28109 is one of the more obscure laws in the Vehicle Code. It requires motorists
to either change lanes or, if that is not feasible, slow down when they
encounter emergency vehicles or tow trucks that are operating in emergency
mode (lights flashing and/or sirens on). The $35 fine balloons to a little
$700 when considering the fine, penalty assessments, and increased auto insurance rates.
Like many other move-over laws in other states, VC 28109 is very well intentioned
and also very subjective. Tulare County Motorists much approach the scene
with “due caution” and change lanes as long as such a maneuver
is “practicable and not prohibited by law.” The statute does
not define any of these phrases.
Typically, prosecutors do not like subjective laws, because they are so
unpredictable. Therefore, they are often willing to reduce the penalty
assessments or alter the charges to a non-point infraction, which generally
has a lesser effect on auto insurance rates.
Getting Legal Help
The aggressive attorneys at Bigger & Harman, APC, are committed to
giving individuals a voice when dealing with speeding and traffic tickets.
Call today at 661-349-9300 or email
email@example.com to receive the personal professional attention you deserve. En español,
llame al 661-349-9755.