Many drivers traveling to or from LAX and the Bay Area and other tourists utilize I-5 through Fresno County, CA. 

Often, these travelers are unaware of California’s updated safety requirements. The new "slow down, move over" law covers more than just emergency vehicles. The same is likely true for some Fresno County residents. 

The Scope of the Expanded Slow Down, Move Over Law

The 2026 expansion of CA Vehicle Code (VC) Section 21809, Right-of-Way via AB 390, Wilson. Vehicles: Highway safety. the new ‘slow down, move over’ law, protects every driver on the shoulder. 

You must move over for any stationary vehicle displaying hazard lights, flares, or triangles to a lane not adjacent to the disabled vehicle. If you cannot safely change lanes, you must slow down to a safe and prudent speed.

Note for Drivers: This amendment creates a "negligence per se" standard. If a driver fails to move over for a disabled vehicle and causes an accident, the violation of AB 390 can be used as presumptive evidence of negligence in a civil or criminal case.

“Negligence per se means negligence in itself. In a civil or criminal case, a defendant who violates a statute or regulation without an excuse is automatically considered to have breached their duty of care and is therefore negligent as a matter of law.“—Cornell Law School Legal Information Institute (LII)—WEX Definition.  

This could make it imperative to consult with an experienced and knowledgeable traffic attorney about the new ‘slow down, move over’ law if there was an accident - before paying the fine -  as it might be necessary to plead no contest to avoid having the violation held against you in civil court.

Fines and DMV NOTS Points

While the base fine for this infraction is $50, the total amount is much higher. 

After state and county penalties are added, the fine is actually $295. A conviction also results in one DMV NOTS point, which will alert your auto insurance provider. Although many drivers would consider a $295 fine harsh, it’s just the beginning. 

These points are a major concern because they can significantly raise your insurance premiums. 

Whatever you were paying for insurance, add nearly one-third for the next 36 to 39 months, which, for the average Fresno County driver, who was paying an average of $2,895 for full coverage, will be about $955.35 per year, plus the $295. 

They will pay about $3,161.05 total for this minor infraction.

For those in rental cars, a conviction can follow you back to your home state due to the Driver License Compact (DLC). This compact is an agreement between states to forward moving violation information to the home state of the driver. 

Staying alert to these roadside hazards is now a strict legal requirement.

Contact Bigger & Harman, the Traffic Attorneys Who Will Help with the New Slow Down, Move Over Law in Fresno County  

Let us help you with the new ‘slow down, move over’ law and possibly avoid unnecessary costs while keeping your driving record clean. Call Bigger & Harman today at (661) 349-9300—859-1177 para Español.

We routinely assist drivers in Fresno County Courthouse with speeding and other tickets for moving violations. We are familiar with the procedures and the judges and staff here. 

Additionally, use our handy and secure website contact form or email us at attorney@biggerharmanlaw.com.

❓ Frequently Asked Questions (FAQ) Section

Q: Does this law apply if the vehicle doesn't have flashing lights?

A: Yes, if the driver has placed warning devices like triangles or flares, you must comply. The law covers any stationary vehicle showing clear signs of distress or warning. What if it were a dead battery that caused the vehicle to become disabled? The flashers wouldn’t work. 

Q: What if traffic is too heavy to move over on I-5?

A: If you cannot safely move over, the law requires you to slow "reasonable and prudent" speed while passing the vehicle. 

Q: Can a traffic attorney help me if I live out-of-state and can’t return for trial?

A: Yes, Bigger & Harman often represent even local drivers without requiring them to appear. 

References:

Assembly Bill 390 (AB 390) amendment to CVC Section 21809, Right-of-Way.

Cornell Law School LII—WEX Definition.

The Bankrate.com article, Average cost of car insurance in CA for 2026.