Criminal Defense Attorney – Minnesota

February 7, 2010

Move Over for Police Officers: It’s a Minnesota Law

As I have been driving on Minnesota freeways this winter, I have seen many motorists violating a Minnesota Law designed to keep Minnesota’s Highway Patrol Officers and other police officers, emergency medical personnel and tow truck drivers safe as they assist motorists, respond to vehicle collisions and emergencies, and issue traffic citations breaking Minnesota Traffic law.

When drivers see police officers executing a traffic stop on the shoulder of Minnesota freeways and roads, or responding to other roadway emergencies, it is the law that the drivers are to move over full one lane to leave an empty lane between the emergency vehicles and moving traffic. Police officers may pull drivers over that violate this law.

Minnesota Statute Section 169.18, subd. 11, states in part, “the driver of a vehicle shall safely move the vehicle so as to leave a full lane vacant between the driver and any lane in which the emergency vehicle is completely or partially parked or otherwise stopped…”

This law was passed in reaction to the unfortunate death of Minnesota State Trooper Ted Foss. Trooper Foss was hit and killed by a semi-truck on August 31, 2000, during a routine traffic stop. Also known as the Ted Foss Law, it is designed to give emergency vehicles room to safely work on the portion of roadway they are occupying by requiring passing motorists to leave a lane vacant between them and those parked emergency vehicles. The law also requires that drivers reduce their speed as they pass the location of the emergency vehicle(s) and road repair equipment. Emergency vehicle is defined by Minnesota statute as the following: towing vehicles, police vehicles, ambulances, and fire trucks.

Although a stop by a police officer is fully legal, what the state has to prove in an alleged violation of this offense is that it was possible to move over.

To see the full statute, click here. Meanwhile, respect Minnesota’s police force that responds to traffic emergencies and enforces our traffic laws. If you have any questions about a traffic stop, please call a Minnesota criminal defense attorney for a free consultation.

Attorney John Scott, Office: 651-203-5990, Cellular: 612-963-4629, john@bennerotte.com

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