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Missouri’s Move Over law: How to avoid a ticket

On Behalf of | Oct 21, 2021 | Criminal Defense, Traffic Offenses

Missouri Move Over Law: How to Avoid a Ticket and Protect Your License

If you want to avoid a hefty ticket and points on your license that can raise your insurance rates, don’t overlook the requirements under Missouri’s “Move Over” law (RSMo 304.022).

Missouri’s “Move Over” Requirements

In general, Missouri’s Move Over law requires drivers to use extra caution when they approach emergency vehicles, roadside transportation crews, tow trucks, and other public service vehicles stopped along the roadway. It also requires drivers to yield and move out of the way, when safe, for approaching emergency vehicles. This is not just a safety suggestion — it is a Missouri traffic law, and our office helps drivers defend against traffic tickets filed under it.

Is Failing to Move Over a Class A Misdemeanor in Missouri?

Yes, a violation of RSMo 304.022 is a class A misdemeanor. This is the most serious category of misdemeanor in the state. A conviction can result in up to one year in jail and fines up to $2,000. Beyond these immediate penalties, a conviction can create a criminal record and may add points to your driver’s license, which can create problems if you already have other violations on your record.

Two Ways Drivers Face Citations

Missouri law enforcement typically issues failure to yield tickets in two specific scenarios:

  • Stationary Vehicles: Failing to yield the right-of-way by making a lane change (if possible with due regard to safety) or failing to reduce speed when approaching a stationary vehicle with flashing lights.
  • Approaching Vehicles: Failing to pull to the far right and stop when an emergency vehicle using a siren or emergency lights is approaching.

Can I Fight a Failure to Yield Ticket?

Yes, you may be able to fight a failure to yield ticket by showing that moving over was not “possible with due regard to safety.” The statute includes that language for a reason. If heavy traffic, road conditions, or the actions of other drivers made a lane change dangerous, that may give you a fact-based defense. At David M. Lurie, Attorney, we focus on showing the court when a driver acted reasonably and safely under the circumstances. If you are facing charges for Missouri traffic ticket defense, you need an experienced Kansas City criminal defense attorney to protect your future.

Facing a Class A Misdemeanor Charge?

Before you pay the fine and risk points on your license, let us help you protect your record. We have more than 45 years’ experience defending Missouri drivers.

Kansas City: 816-221-5900
Lee’s Summit: 816-525-1500

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