Maryland’s Move Over Law (TA Section 21‑405.1)

Maryland’s Move Over law protects emergency, service, and certain stopped vehicles by requiring drivers to change lanes away from the stopped vehicle or slow down to a safe speed when a lane change is unsafe. Tickets under this statute can add points and increase insurance, but many are defended successfully when the State overstates visibility, lane availability, or the time a driver had to react.

The statute: Transportation Article Section 21‑405.1

TA Section 21‑405.1 requires a driver approaching from the rear of certain stopped, standing, or parked vehicles displaying visual signals (e.g., emergency lights) to make a lane change into a lane not immediately adjacent to the stopped vehicle when it is safe and legal to do so. If a lane change is unsafe or not possible, the driver must slow to a reasonable and prudent speed that is safe for existing conditions.

Covered vehicles include law enforcement, emergency responders, tow trucks, service/utility vehicles, and others designated by law that display required signals.

What the State must prove

The State generally presents:

• The type of stopped vehicle and whether it was displaying required visual signals
• Lane availability and traffic conditions at the time
• Your lane position, speed, and whether you changed lanes or slowed to a safe speed

We focus on whether a safe lane change was actually available, what traffic in the next lane was doing, and whether you slowed sufficiently given sightlines and space.

Points and penalties

A Move Over ticket is a moving violation that can result in points under Maryland’s points framework. We aim to avoid points through dismissal, a reduction to a no‑point outcome, or PBJ in appropriate cases.

Defense themes

1. Safety and feasibility of a lane change

• The law requires a lane change only when it is safe and legal. If the adjacent lane was occupied or moving at a closing speed that made merging dangerous, slowing down can satisfy the statute.

2. Visibility and reaction time

• Curves, grades, and traffic can limit how long a driver has to recognize lights and respond. We use photos and (when available) video to show realistic sightlines.

3. Speed reduction sufficiency

• If a safe lane change was not possible, the question is whether you slowed to a reasonable and prudent speed. Vehicle data, video, and traffic pacing can support compliance.

4. Covered‑vehicle status

• The State must establish the stopped vehicle was one protected by the statute and that it displayed required visual signals. Where proof is thin, dismissal can follow.

After the ticket

• Do not pay online; paying accepts points.
• Note traffic density, adjacent‑lane behavior, and your speed changes.
• Take photos of the roadway, curvature, shoulder width, and distance to the stop location.
• Bring any dash‑cam video. It can be decisive.

Outcomes that protect your record

We combine roadway analysis with practical mitigation—driver improvement, clean record, and proof of driving needs—to secure point‑free resolutions where trial isn’t optimal. Our priority is keeping your license and insurance stable.

See our overview: Maryland Traffic Lawyers for why trial settings and PBJ strategies matter and how we coordinate court outcomes with MVA concerns.