Tickets for Failing to Move Over for an Emergency Vehicle

In addition to normal right-of-way rules, all states have special laws (sometimes called "move-over" laws) that require all drivers to yield and give the right-of-way to emergency vehicles and first responders. The details of these laws differ somewhat by state. But here are some of the most common requirements of move-laws and some possible defenses to an emergency-vehicle right-of-way ticket.

Emergency-Vehicle Right-of-Way Laws

Emergency-vehicle right-of-way laws generally impose requirements on drivers when approaching a stationary emergency vehicle and when being approached by an emergency vehicle.

State laws that cover a driver approaching a stationary emergency vehicle typically read something like this:

Drivers shall exercise due care to avoid colliding with an emergency vehicle which is parked, stopped or standing on the shoulder or any portion of a highway and displaying flashing yellow, amber, white, red, or blue lights. Due care shall include, but not be limited to, moving from a lane which contains or is immediately adjacent to the shoulder where the authorized emergency vehicle is parked, stopped or standing to another lane.

State laws that deal with approaching emergency vehicles often read something like this:

Upon the immediate approach of an authorized emergency vehicle, while en route to meet an existing emergency, the driver of every other vehicle shall, when such emergency vehicle is giving audible signals by siren, exhaust whistle, or other adequate device, or visible signals by the use of displayed blue or red lights, yield the right-of-way to the emergency vehicle and shall immediately proceed to a position parallel to, and as close as reasonable to the closest edge of the curb of the roadway, clear of any intersection and shall stop and remain in position until the authorized emergency vehicle has passed, unless otherwise directed by a law enforcement officer.

In other words, when an emergency vehicle with activated lights or sirens is approaching, all drivers must yield the right-of-way to the emergency vehicle and pull over to the edge of the road as quickly as possible (and clear of intersections).

Defending Against a Move-Over Ticket

Tickets for failing to yield to or move over for an emergency vehicle can be expensive. But, depending on the circumstances, you might have some viable defenses.

When fighting a traffic ticket, it's always a good idea to start with the actual language of the law you're accused of violating. The code section of the violation (such as "Vehicle and Traffic Law section 1144") should be written on your ticket. With the section number, you should be able to find the text of the law with a quick search on the internet.

Once you read the law, you'll hopefully have a better idea of what defenses might work. For example, if the law you were cited under is applicable only when the emergency vehicle has its lights flashing, and the vehicle you allegedly failed to yield for had only a siren going, you could have a good argument. A driver might also be able to beat one of these tickets by showing that the normally required action (like switching to an adjacent lane) was unsafe under the existing circumstances.

Establishing a defense will normally require you to testify in court. Also, photographs, maps, and diagrams might be helpful.