South Dakota: Moving Over Isn't Just For Safety, It's The Law

An accident, which left a Highway Patrol Officer with minor injuries early Saturday morning, is believed to have been caused by a driver not moving over to the other side of the road. And while the investigation is ongoing, police say that the crash could have been avoided.

Sgt. Preston Evans has been with the Minnehaha County Sheriff’s Office for more than two decades, and he’s seen motorists across the county drive more responsibly around emergency responders. "A majority of the vehicles they pull over, they see the flashing lights they honor the emergency vehicles,” said Evans.

But then in a rare, and potentially life-changing moment, a driver becomes distracted endangering the lives of those responsible for keeping us safe.

“When you're on the crest of a hill, and do not pull over, it poses a threat to all of the officers that are out there,” he added.

This is the look of the patrol car hit by another vehicle early Saturday morning, and while the both parties are said to be in good health, these situations can often times end much worse.

"Over the years we had some close calls,” said Evans, “we try to be as proactive as we possibly can."

In November 2003, Deputy William ‘Bill’ Davis was struck and killed while investigating an accident on Interstate 29. This was the same year the South Dakota Legislature passed the move over law.

"[Drivers] have the obligation to stop, or if the yellow ambers are on, to move over to the most open lane."

Evans says it's a law not to rake motorists over the coals, but rather as a reminder of an

“The law is there as a deterrent and we hope that it's something that we always have to enforce, but people are very conscience of their surroundings and making sure that they are operating under the rules of the road/”

For Evans, there's a simple solution, which could keep a simple traffic stop, from turning deadly.

"We're just asking that everyone just take a little extra time, give us a little extra room and we can keep everything moving forward."

According to the Department of Public Safety, a violation of the move over law is a class 2 misdemeanor, which is punishable by a fine of $200 and/or 60 days in jail.

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