Legal Question in Traffic Law in Florida

I received a traffic ticket for not moving into the left lane while police vehicles were stopped with their emergency lights on. They were in the right turn lane. There was a car approaching in the left lane and I could not safely move over without cutting the other car off. I tried to tell the policeman that. He said there was no car. Where does the burden of proof lie if I challenge this in court? On the policeman or on me.?


Asked on 9/22/11, 11:55 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

The burden of proof is always on the state, meaning the police officer. However, the statute also requires that you slow down even if you can't move over. Did you slow down at least 20 mph less than the posted speed limit? If not, then the officer can argue that at the hearing as well. I suggest you contact an attorney to assist you on this.

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Answered on 9/22/11, 3:17 pm


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