In 2010, in response to deaths and injuries sustained by Police and Emergency Service Workers on highways in this state, The NY Legislature passed The Ambrose-Searles ‘Move Over Act’.
The Law requires drivers to exercise due care to avoid colliding with an authorized emergency vehicle which is parked, stopped or standing on the shoulder of a road or highway with its emergency lights activated. When approaching an emergency vehicle, with its overhead lights activated, responding to a disabled vehicle or stopping a vehicle on the shoulder of the roadway, Drivers must reduce speed, but on parkways, interstates, and other controlled access highways with multiple lanes, drivers are further required to move from the lane immediately adjacent to the emergency vehicle, unless traffic or other hazards exist to prevent doing so safely.
In addition to a fine and surcharge, a violation of the move over law carries 2 points. An experienced attorney can most likely get the charges reduced or in the alternative, conduct a trial putting forth any defenses a motorist may have to the charge.
If you or someone you know has been charged with a violation of the move over law in Westchester, Putnam, Dutchess, Columbia, Rockland, Orange or Ulster County, the Harold Dee Team can help. Our attorneys can review the ticket and discuss the applicable facts and advise on how to best handle the situation.