Defending Against Ted Foss Move Over Law Violations in Minnesota
Violating the Ted Foss Move Over Law in Minnesota usually results in a fine exceeding $130, plus a permanent mark on your driving record. If you cannot safely move over a full lane, you are legally required to reduce your speed significantly.
Understanding the Ted Foss Move Over Law
In the year 2000, Minnesota State Patrol Corporal Ted Foss was tragically killed during a routine traffic stop when a passing semi-truck crashed into him on the shoulder of the highway. In response, the state legislature enacted strict protections for emergency personnel and stranded motorists. Officially codified under Minn. Stat. § 169.18, subd. 11, this rule is known statewide as the Ted Foss Move Over Law. It requires drivers approaching stopped emergency vehicles with flashing lights to safely move a full lane away from the vehicle.
Traffic enforcement is incredibly strict on this issue. Whether you are driving on I-35 through Duluth or I-94 in Minneapolis, troopers actively look for drivers who fail to give them space. A citation for this violation goes directly on your public driving record and is viewed aggressively by auto insurance companies. Defending yourself in a court, such as the St. Louis County District Court, Duluth or the Hennepin County District Court, Minneapolis, requires a detailed understanding of the law's specific exceptions.
Scenarios and Defenses on the Highway
The law is not absolute; it makes practical allowances for heavy traffic, bad weather, and different types of roadways. Understanding these nuances is the key to beating the ticket in traffic court.
Two-Lane vs. Multi-Lane Highways
The requirement to physically change lanes only applies to multi-lane highways (roads with two or more lanes traveling in the same direction). If you are on a standard two-lane rural road (one lane each way), the law does not require you to swerve into oncoming traffic to avoid the police car on the shoulder. Instead, the law mandates that you must reduce your speed significantly and pass with extreme caution.
Tow Trucks vs. Police Cruisers
Many drivers mistakenly believe the Move Over Law only applies to police cars and ambulances. This is false. The statute explicitly covers tow trucks, highway maintenance vehicles (like snowplows), and utility company vehicles that have flashing amber or red lights activated. If you see a Minnesota Department of Transportation, St. Paul maintenance truck on the shoulder with its lights on, you must move over just as you would for a State Patrol cruiser.
Required Speed Reductions if You Cannot Move Over
The most common defense against a Move Over ticket is heavy traffic. If you are boxed in by a semi-truck on your left and cannot physically change lanes to avoid the emergency vehicle on your right, the law provides an alternative. You must reduce your speed to a rate that is 'significantly lower than the posted speed limit.' While the statute does not give an exact number, most judges consider dropping at least 15 to 20 mph below the limit as a good-faith effort to comply.
Fighting Officer Subjectivity in Court
Because the term 'significantly reduced speed' is vague, these tickets are often based purely on the police officer's subjective opinion. You can fight this in court by requesting the officer's dashcam footage. If the video shows you hit your brakes and visibly slowed down while passing, a judge may dismiss the ticket. Courts recognize that drivers must balance the Move Over rule with the overall safety of the traffic flow, reflecting the practical standards analyzed in broader traffic precedents like State v. Anderson, 683 N.W.2d 818 (MN Supreme Court 2004).
How Much Are the Fines?
Failing to move over is treated more harshly than a standard low-level speeding ticket. Here is what you can expect to face financially:
| Violation Type | Estimated Fine & Surcharge (USD) |
|---|---|
| Standard Move Over Violation | $130 to $150 total. |
| Violation Resulting in Injury | Can escalate to a gross misdemeanor; up to $3,000 fine. |
| Insurance Premium Increase | Often $300+ per year for 3 years. |
Because a conviction signals dangerous driving to your insurance provider, it is wise to browse our US Lawyers directory to find an attorney who can help negotiate the ticket down to a non-moving violation.
How Long Will This Impact My Record?
If you simply pay the fine, the Move Over violation acts as a guilty plea and stays on your Minnesota driving record for at least three to five years, affecting your insurance rates for that entire duration.
Frequently Asked Questions (FAQ)
Does this law apply to regular cars with hazard lights on?
Yes. Under Minn. Stat. § 169.18, subd. 11a, drivers approaching any stopped or disabled vehicle with activated hazard warning lights or with people visibly present outside must safely move over a full lane, or reduce speed to a reasonable and prudent pace if a lane change is impossible.
What if another driver wouldn't let me merge into the left lane?
If you were physically blocked from moving over, you are legally excused from changing lanes. However, you must immediately demonstrate a significant reduction in speed to avoid receiving a ticket.
Can a Continuance for Dismissal (CFD) be used for a Move Over ticket?
Yes. If you have a clean driving record, many prosecutors are willing to negotiate a CFD for a Move Over violation, allowing you to keep it off your record in exchange for paying prosecution costs and serving a probationary period.
Is it better to just pay the ticket online?
Paying the ticket online is an automatic guilty plea. It will immediately trigger a conviction on your driving record and alert your auto insurance company. It is usually better to request a court date to contest it.
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