Yes, it appears the ticket would be valid since the police car's lights were still flashing.
Since July 1, 2007 Mississippi has had a move over law in place which requires motorists to maintain a safe distance and reduce speed when approaching stationary emergency vehicles that are alongside the road with their lights flashing. If a lane change is impossible because of road or traffic conditions, a motorist must slow down and be prepared to stop, if needed, to prevent collisions.
The law is intended to protect ambulance crews, state troopers and other law enforcement or medical personnel.
Mississippi law states that motorists traveling on interstate highways in the direction of emergency vehicles are required to vacate the lane closest to the emergency vehicle if at all possible. If traffic is too congested to move over safely, motorists are required to slow down below the posted speed limit and be prepared to stop.
If you are traveling and are approaching an emergency vehicle on the shoulder of the roadway with its lights flashing, you should slow down and proceed with caution.
Failure to obey the "Move-Over Law" is a misdemeanor punishable by a fine up to $250. If the violation results in property damage to the emergency vehicle, highway maintenance or recovery vehicle or bodily injury to the driver or passenger, the fine can be increased up to $1,000.
If you are not convinced that your wife's situation falls under the move over law, you can read through Mississippi Code 63-3-809. This is the section of law that was amended to include the move over law.
It appears to us, however, that since the lights were still on the officer's car that your wife should have followed this MS law and thus either moved over or, if unable to move over due to traffic, slowed down below the speed limit.
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