Move over Law & DUI in Georgia

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Another interstate crash involving Georgia’s move over law occurred on Tuesday, June 16, 2015. These two crashes highlight the importance of knowing the law.

Two crashes within minutes of each other occurred on Interstate 75 in Cobb County early Tuesday morning. The first crash occurred when an officer’s patrol vehicle was rammed from behind by a pickup truck. Shortly after that crash, and after a fire truck arrived on the scene to assist with both the car fire and render aid to the officer who was in the patrol vehicle that was struck, the fire truck was broadsided by another vehicle.

News outlets report the driver of the second vehicle as Stephanie Newsome, and allege that she was driving under the influence of alcohol.  Based on information at the scene, law enforcement charged Ms. Newsome with Driving Under the Influence, Failing to Move Over, and Open Container.

According to O.C.G.A. 40-6-16, the law requires that when a driver is approaching a stationary, authorized emergency vehicle, the driver must make a lane change. If it is not possible to make a lane change, then the driver should reduce speed to less than the posted speed limit and be prepared to stop. The entirety of O.C.G.A. 40-6-16 is displayed below for the benefit of our clients.

If you or someone you know have been injured by a DUI driver, someone failing to follow the rules of the road, or adhere to the move-over-law, please call the lawyers at Wood, Craig & Avery today at for your free consultation.

O.C.G.A. 40-6-16

O.C.G.A. 40-6-16 provides that 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; or2. 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.B. The operator of a motor vehicle approaching a stationary towing or recovery vehicle or a stationary highway maintenance vehicle that is displaying flashing yellow, amber, 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, or highway maintenance vehicle if possible in the existing safety and traffic conditions; or2. 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.

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