Failure to Move Over in Tennessee

Tennessee’s Move Over law, T.C.A. § 55-8-132, is the most serious offense on this page. It is a Class B misdemeanor — a step above the Class C classification that covers most traffic citations — and it carries a substantially larger potential fine. Brooks Law Firm defends these citations in Shelby County and along the I-40 and I-55 corridors. Call or text 901-412-2973.

What the law requires

Approaching a stopped vehicle displaying flashing lights, you must move over into a non-adjacent lane if you can do so safely. If moving over is not possible, you must slow down.

The law began as protection for emergency responders and has been expanded over the years to cover a much wider range of stopped vehicles — utility and highway maintenance vehicles, tow trucks, and ordinary motorists displaying hazard lights. Many drivers still think of it as an emergency-vehicle rule, which is why the citation surprises people.

Why these cases are defensible

The statute is written around what was possible in the moment, and that is where the argument lives.

• Could you safely move over? Traffic in the adjacent lane, a wall or barrier, congestion, or a vehicle beside you can all make the maneuver unsafe. The obligation is conditioned on safety.
• Did you slow down? Where moving over was not possible, reducing speed satisfies the alternative requirement.
• Were the lights visible, and from how far? A curve, a hill, weather, glare, or a vehicle ahead can compress the distance in which a driver could react.
• What did the officer actually observe? These citations are frequently written by an officer who was at the stop rather than following you, from a fixed position and a single angle.

Commercial drivers

For CDL holders this citation deserves real attention. Federal rules bar the diversion and traffic-school routes available to other drivers, convictions are reported and visible to carriers, and a Class B misdemeanor on a commercial record is not a small entry. If you drive commercially, do not simply pay it — see CDL ticket defense and what happens if you just pay a CDL ticket.

Related: Memphis traffic tickets · reckless driving · failure to maintain proper lookout · what a traffic ticket lawyer costs

Common questions

How serious is a Move Over violation in Tennessee?

More serious than most traffic citations. It is a Class B misdemeanor under T.C.A. § 55-8-132, a classification above the Class C offenses that cover most traffic violations, and it carries a considerably larger potential fine.

Does the Move Over law apply to vehicles other than police cars?

Yes. The law has been expanded well beyond emergency vehicles to include utility and highway maintenance vehicles, tow trucks, and ordinary motorists stopped with hazard lights displayed.

What if I could not safely change lanes?

The requirement to move over applies when it can be done safely. Where it cannot, the alternative is to slow down. Traffic conditions, barriers, and what was actually visible from your position are all part of the defense.

Office (901) 324-5000 · criminal line 901-412-2973.