Radio Host In Hot Water With Police Over 'Move Over' Law Comments

NJ 101.5 radio host Judi Franco, who was suspended by the station earlier this year, is under fire again, this time from the New Jersey State troopers union over her criticism of a proposal to stiffen the penalties for violations of New Jersey's "Move Over" law.

The law, which says motorists must slow down and, where possible, move a lane over when they encounter emergency workers — police, firefighters, EMTs, tow trucks — with their emergency lights flashing on the shoulder of the road, was passed in 2009.

The law currently includes fines of up to $500 for motorists who violate the law. But because so many New Jersey drivers ignore it or are not aware of it, District 11 Assembly members Eric Houghtaling and Joann Downey have proposed a bill that would increase the penalty for violating the law by adding 2 points to a driver's license. The bill, A3890, is co-sponsored by District 10 Assemblymen Greg McGuckin and Dave Wolfe and was introduced in April. The Senate version, S2501, co-sponsored by Sen. Vin Gopal of District 11 and District 10's Sen. Jim Holzapfel, was introduced in May.

Franco, in an opinion piece titled "NJ’S Move-Over Law: Dead Cops Make Bad Laws" on the NJ 101.5 website, called the law "silly" and that it creates hazards of drivers panicking and stopping short.

"It’s common driving sense to give room to people working in the side of the road, " she wrote, closing with: "A dead cop is sad. But a horrible tragedy doesn’t warrant a law that puts other drivers at risk and is almost impossible to enforce."

The State Troopers Fraternal Association fired back in a written statement from its president, Wayne Blanchard, calling Franco's remarks "crass and callous" and said she was "trampling on the graves of fallen police officers."

It went on to accuse Franco of penning the piece just to stir up controversy, and blistered her for a factual error, in which Franco stated the Move Over law was enacted in response to the death of Trooper Marc Castellano, the Howell resident who was killed in 2010 when he was hit on Route 195 during an investigation at the side of the highway. The law went into effect Jan. 27, 2009, more than a year before Castellano was killed.

Castellano's mother, Donna Setaro, has made it her mission to educate drivers — especially young drivers — about the law. In March 2018, she passed the 100,000 mark in number of people who have seen her presentation. (READ MORE: Trooper's Mom Reaches Move Over Milestone At Howell Presentation)

Since August, there have been seven police officers hit along the side of the road while attending to accidents or other incidents, including four Manchester officers who were hit during a motor vehicle stop on Route 37 on Aug. 10, and a Brick Township police officer whose car was hit as she got in her car following a crash investigation on Route 70 in September.

Blanchard wrote the reality of the issue "has clearly gone over Franco's head."

"She could be that motorist changing a flat tire on her vehicle with the flashing lights of a patrol car keeping her safe until being struck by a driver who did not get the message ... and failed to Move Over!"

Franco is no stranger to controversy. Blanchard's statement referenced her suspension in July over racist remarks she and co-host Dennis Malloy made about New Jersey Attorney General Gurbir Grewal.

"It appears the vaccination of a 10-day suspension has not cured the foot-in-mouth disease" of Franco, Blanchard wrote.

NJ 101.5 issued a statement addressing Franco's opinion piece, according to Jersey Shore Online. It read: "Our talk hosts at New Jersey 101.5 are chosen because they offer strong opinions and viewpoints. We understand not everyone will agree with them – they frequently disagree with one another – and that’s why we encourage our listeners to reach out on-air and online. Our goal isn’t to tell anyone what to think, but to give our hosts the space to start conversations."

"We’ve always enjoyed a productive relationship with New Jersey law enforcement, including the New Jersey State Police’s participation in our past and upcoming Town Hall events on online safety, through the New Jersey State PBA’s participation in our Feel Better Bears project to distribute teddy bears to children going through difficult times, and through our participation alongside law enforcement in the annual Polar Plunge in Seaside Heights," the station's statement said. "Additionally, we celebrate law enforcement efforts through our weekly #BlueFriday feature on the Bill Spadea Show. "

"We appreciate the feedback from the State Troopers Fraternal Association, even the criticism, and as with any feedback, take it under advisement." the statement said.

The bill was referred to the Assembly Appropriations Committee, which meets Monday, Dec. 10. The full Assembly and Senate meet Dec. 17.

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Four Manchester police officers were injured in August when a driver failed to move over. Photo via Manchester Township Police