Fort Myers police say drivers still aren't moving over - We rode along to see it firsthand

FORT MYERS, Fla. (WINK) — Fort Myers police say drivers are violating Florida's Move Over Law every day, creating dangerous situations for officers, first responders and stranded motorists on the side of the road.

To see how often it happens, WINK Investigates spent the day riding along with Officer Ryan Hernandez-Beiner with the Fort Myers Police Department.

Within minutes, WINK Investigates observed drivers already failing to move over or slow down.

"Literally as we're pulling this vehicle over, somebody blows right past us in the left lane," Hernandez-Beiner said.

According to the Florida Department of Transportation, in 2025, over 17,000 move over citations were issued in Florida.

The violations come despite repeated warnings from law enforcement and recent crashes that have highlighted the dangers first responders and everyday drivers face on Florida roadways.

In April, a driver crashed into an ambulance in Lee County, renewing concerns about motorists who fail to give emergency vehicles enough space.

A few days later, two Collier County deputies were almost hit by a driver who did not move over as they were conducting a traffic stop. The vehicle crashed into one of the patrol vehicles.

"Just a couple weeks ago, I was almost struck by a vehicle," Hernandez-Beiner said.

For Hernandez-Beiner, the issue isn't just about enforcing a traffic law. It's about making sure officers, firefighters, paramedics, tow truck operators and stranded motorists make it home safely.

"If my family was in that car, I wouldn't want somebody doing 60 miles an hour blowing the doors off of them," Hernandez-Beiner said.

Florida's Move Over Law requires drivers to move over one lane — when it is safe to do so — for stopped vehicles displaying flashing lights along the roadway. If changing lanes isn't possible, drivers must slow down significantly before passing.

The law applies to more than just police cars, fire trucks and ambulances. Drivers are also required to move over for sanitation vehicles, utility crews, tow trucks, maintenance vehicles, construction vehicles and disabled vehicles displaying warning or hazard lights.

If the posted speed limit is 25 mph or higher, drivers who cannot move over must slow down by at least 20 mph below the posted speed limit. On roads with speed limits of 20 mph or less, motorists must slow to 5 mph.

According to Florida Highway Safety and Moter Vehicles (FHP), the most likely to violate the Move Over Act are drivers aged 20-29.

Hernandez-Beiner says too many drivers on Southwest Florida roads either don't know the law or choose not to follow it.

"I've seen countless times over and over again where people are just not slowing down or moving over," he said.

During the ride-along, WINK Investigates watched multiple drivers pass stopped vehicles without changing lanes or reducing speed.

At one stop, Hernandez-Beiner pulled over a driver who admitted seeing the patrol vehicle but continued past it.

"I seen y'all over, but I didn't think it was nothing," the driver told him.

Hernandez-Beiner says that's a response he hears often.

"'Oh well, I didn't know that I had to move over.' But that's not an excuse anymore," he said.

He says population growth, heavier traffic and distracted driving have all contributed to the problem.

Emergency responders, tow truck operators, construction workers, utility crews and stranded drivers all depend on motorists to create a safe buffer when they're working or stopped along busy roads.

"It's only going to be a matter of time until someone gets seriously injured or dies," Hernandez-Beiner said.

A public records request obtained by WINK Investigates shows Fort Myers police have made at least 42 Move Over Law stops last year and this year so far.

Police say that's just a fraction of the violations they see on Southwest Florida roads every day.

Officers say enforcement can be challenging because violations often happen while they are already conducting another traffic stop and cannot safely pursue additional drivers.

Still, police say education and enforcement remain critical.

Violating Florida's Move Over Law carries a $163 fine and three points on a driver's license.

"It's to keep us safe, let us go home," Binder said. "It's to keep everybody else on the roadway safe and let them go home as well."

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