Van Auken v. State

Bernes, Judge.

After he was arrested during a traffic stop, Jason Van Auken filed a motion to suppress, arguing that the arresting officer lacked articulable suspicion to stop his vehicle for violating Georgia’s “move-over” statute, which imposes a duty upon drivers to slow down or change lanes when approaching a stationary emergency vehicle with its flashing lights activated. OCGA § 40-6-16 (a). The trial court denied the motion, concluding that while Van Auken technically had not committed a “move-over” violation, the officer had articulable suspicion to make the stop because he had a good…