VC 21809TBWD eligibleRight of way
Move over for emergency vehicles
Failure to move over or slow down when approaching a stationary emergency, tow, Caltrans, or waste-service vehicle displaying flashing warning lights on a freeway or highway.
Vehicle Code 21809 — statutory text
Official source ↗(a) A person driving a vehicle on a freeway approaching a stationary authorized emergency vehicle that is displaying emergency lights, a stationary tow truck that is displaying flashing amber warning lights, or a stationary marked Department of Transportation vehicle that is displaying flashing amber warning lights, shall approach with due caution and, before passing in a lane immediately adjacent to the authorized emergency vehicle, tow truck, or Department of Transportation vehicle, absent other direction by a peace officer, proceed to do one of the following: (1) Make a lane change into an available lane not immediately adjacent to the authorized emergency vehicle, tow truck, or Department of Transportation vehicle, with due regard for safety and traffic conditions, if practicable and not prohibited by law. (2) If the maneuver described in paragraph (1) would be unsafe or impracticable, slow to a reasonable and prudent speed that is safe for existing weather, road, and vehicular or pedestrian traffic conditions.
Quoted from the California Legislative Information website. The full section may contain additional subdivisions not reproduced here — click “Official source” for the complete text as currently in force.
Base fine
$238.00
Does not include court fees or assessments.
DMV points
1
Points raise your insurance.
Filing window
30 days
From citation date, use form TR-205-2024.
You can file a Trial by Written Declaration
Under CA Vehicle Code § 40902, infractions may be contested in writing. If the officer fails to respond within their required window, your ticket is dismissed. California requires a bail deposit equal to the fine; it is refunded if dismissed.
Also known as
move over lawslow down move overfailure to move over for emergency vehicle
Defenses our AI considers (12)
- Equipment fixed — correctable violationhistorical success ~80%Equipment violations (window tint, exhaust, lights, plates, wipers, etc.) are correctable in every supported state. Proof of repair signed by a qualified inspector resolves the citation administratively.
- Documentary cure — proof on date of citationhistorical success ~75%Many "failure to produce" charges (insurance, registration, license) are dismissed on proof the document existed and was valid on the date of citation. This is codified in most state fix-it / correctable-violation statutes.
- Sign obscured, missing, or recently changedhistorical success ~50%A driver cannot be held to a regulation that was not reasonably communicated. An obscured, damaged, missing, or recently-changed sign at the cited location is both a mistake-of-fact defense and a due-process notice defect.
- Statute of limitations / speedy-trial violationhistorical success ~45%Every state imposes statutory deadlines between citation, arraignment, and trial. When the state misses a jurisdictional deadline — including officer-declaration deadlines in TBWD proceedings — dismissal is mandatory, not discretionary.
Our AI drafts 3 options per case, tailored to your ticket's facts. You choose or regenerate.