Howell Trooper's Mom Wins Fight To Strengthen Move Over Law

TRENTON, NJ — Drivers who fail to slow down and move over when they see a first responder's vehicle stopped with its emergency lights flashing will face increased penalties under a law signed by Gov. Phil Murphy on Monday.

The "Slow Down and Move Over" law increases the penalties under the original Move Over Law that was passed in 2009. In addition to a fine of up to $500, motorists convicted of failing to slow down and move over now can be subject to two points on their licenses under the law (formerly bill A-3890).

It also calls for the state Division of Highway Traffic Safety to conduct a public awareness campaign to inform drivers of the increased penalty.

Efforts to raise awareness of the law have been ongoing for years; one of its biggest champions has been Donna Setaro, mother of New Jersey State Trooper Marc Castellano, a Howell resident who was killed June 6, 2010 when he was hit by a driver who failed to move over.

Castellano was among a group of law enforcement officers conducting a search along Interstate 195 when he was hit.

Setaro has given dozens of presentations on the law in the years since her son's death. As of March 2018, she had given the presentation to more than 100,000 people, with a particular emphasis on young drivers. (READ MORE: Trooper's Mom Reaches Move Over Milestone At Howell Presentation)

"I'm always hoping with the work I'm doing that people will get used to doing that (moving over) even if they see someone just changing their tire," Setaro said in a December 2018 interview with Patch. "I hope that it becomes a habit, not just because it's an officer," but any time someone is pulled to the side of the road.

"If I get through to just one person and save one life, then this campaign was worth it," Setaro said.

The Move Over Law requires motorists to slow down and change lanes when approaching an authorized emergency vehicle, tow or highway maintenance truck, and emergency or sanitation service vehicle that has its flashing, blinking or alternating emergency lights on.

"Violators of the 'Move Over Law' are putting police officers and other emergency personnel at serious risk of injury or death," Assemblyman Eric Houghtaling (D-Monmouth) said. "We’ve been humbled to fight for this law alongside Trooper Castellano’s mother, Donna Setaro."

"We hope that this law will help make sure that no other parent has to endure the same loss," he said.

There were three incidents in Ocean County in 2018 where officers were hit by drivers who failed to move over. Four Manchester Township police officers were struck on Route 37 in August 2018; one was forced to retire in 2019 on disability due to the injuries he suffered. A month later, a Brick Township police officer was injured when her patrol car was hit just after she got back inside following a crash investigation. A second Brick Township police officer was injured in December 2018 after his patrol car was hit during a traffic stop.

"As the daughter of a retired state trooper, I know the dangers that our state’s law enforcement officers face every day," Assemblywoman Joann Downey (D-Monmouth) said. "Even something as simple as a traffic stop or standard emergency response can turn deadly if a driver is ignoring the laws or failing to pay attention."

The new law takes effect later this year.

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