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Just Got A "move Over Law" Citation And Want To Better Understand Where I Stand To Fight It With Dashcam Evidence

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Georgia Code. Article 1 General Provisions (§§ 40-6-1 — 40-6-17)

(b) 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; or

(2) 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.

Local law cited me for the "move over law". Officer was on the shoulder of the exit lane from a highway. I could not safely move out of the lane as I was being passed on the left by an 18 wheeler. I reduced speed to 35mph by the time I was perpendicular to him - posted speed 55. Dashcam supports these facts

As I approached, he swung his arm and clipboard into my path and you can see how much separation there was. Also, he didn't feel so alarmed as he was already turning his back and entering the cruiser before I was beside him

Is that enough to have it dismissed? If not...

Should I present my dashcam footage upfront as evidence or can I first try to argue them down with a not guilty plea?

Just wondering where I might stand from a legal perspective if I have to fight it

Plan: Enter a plea of not guilty, request to speak to solicitor. State that I wish to move to discovery with a line like, "the officer's dashcam and speed detection equipment will prove my innocence". Wear down solicitor, just before they sign my plea in I will float the idea of using my nolo but raise concerns of, "i am not sure it is worth it for such a charge. i am concerned that my insurance rates will cost me thousands of dollars over time"

This plan got me out of a "failure to obey traffic officer" ticket, reduced to like a 40 dollar parking fine. The solicitor ended our discussion with, "congratulations" and a hearty laugh so I'm hoping for a remotely similar outcome

Thank you all

submitted by /u/Qwiso
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