Any Police Officers or people with traffic knowledge here?

[Intercooler]

Long story short I got pulled over this past weekend. Let me lay it out for you and maybe someone can tell me if I have a leg to stand on. I was on I-95 and traffic got backed up. I knew my exit was less between 1/4 to 1/2 mile up on the right side (I am in the far right lane at this point). I jump on the shoulder or emergency lane and proceeded up to the exit. As I am on the off ramp I look in the rearview and see a State Boy with his bubbles on. He gave me a ticket for passing on the right. My only arguement is I didn't ride the right and then cut back into the lane, I just got off on my exit so I didn't really pass on the right. He said you can't go that length on the shoulder. It may not be worth my time to fight it but don't really want the two points so I was going to see if I could plead it out somehow. It was stupid on my part but I see people do it all the time. How about when you are on a two way road and people go on to the shoulder to go around them? Technically that isn't legal either but I have EVEN SEEN COPS DO IT!

 

[Intercooler]

This will get you guys in here:

http://www.krispykreme.com/images/middleb0.jpg

 

[cmokem]

Guilty as Charged

In most states the shoulder is used for emergencies/emergency vehicles only....and in most states it is an easy TV for the guys with the "bubbles"

BTW I hate Krispy Kremes


Bob

 

[kshef]

its illegal...i see tractor trailor block people from doing it all the time...
the two way road thing is illegal too, its especially bad at intersections.....i do it though, only when no other cars are around

 

[Intercooler]

But I didn't pass anyone. How about when I swing out like on a two-way road? I guess I just have to wait for the car to turn then go? I wonder if I get a couple of pics of the cops doing this if it would help my case? Easy enough to get.

 

[kshef]

you didn't pass anyone? why did you do it then?
i'm not sure i know what you mean

 

[Intercooler]

Maybe my definition is off. To me when I pass: I signal to go around on the left side, speed up, overtake the car I am trying to pass then cut back into the lane. I didn't do that on the right side. Just got over and went up to my exit never cutting back into the lane I come from.... as in "A Pass". When someone is turning left onto another road on the left I always go around them on the right which according to this is against the law. Everyone does it including the Police.

 

[kshef]

i see what you mean now....its still illegal
you are passing cars waiting to exit

cops are allowed to use that lane, only when they need to
they can't cruise or cut off traffic because they don't want to wait

go out and find a cop doing this, get behind him and flash you lights and pull him over, then hand him you ticket

 

[TYRFRYR]

The line is there for a reason...to contain traffic. It is unlawful to pass on the right by driving off the paved or main-traveled portion of the roadway (e.g. using the shoulder of the road). CA. Vehicle Code 21755

You may not use the bicycle lane to pass either, unless you intend to make a turning movement within 200 ft.

Emergency vehicles are exempt from traffic laws, however, they must show due regard for the safety of the public.

 

[2 QK 4 U]

Originally posted by CallMeMud
But I didn't pass anyone. How about when I swing out like on a two-way road? I guess I just have to wait for the cars to turn then go? I wonder if I get a couple of pics of the cops doing this if it would help my case? Easy enough to get.

I hate when drivers do this...it causes so many accidents at intersections...

You can't see the oncoming cars.

 

[Boston GN]

It is illegal to drive in the "break down lane" anywhere unless it is posted you can do it. Here in MA there are a few places (parts of 95 is one of those places) where it is legal to drive in that lane during posted times. The signs clearly state where you can do and when.
Fact is, and this has nothing to do with passing people, you drove (regardless of distance) in the break down lane which is illegal unless posted. Done, end of story. Ticket maybe shouldn't have been for passing.
I do think you should fight it though. I mean seriously, what have you got to lose but a little time. If you win, just think of the money you'll save through the years on insurance because of not getting those points. If you lose, well, you shouldn't have been driving in that lane in the first place

 

[V6DVette]

I was going to post this anyway...may help others out too if it works

???? To good to be true???



This advice was sent by a retired State Farm agent:

<his system has been tried and it works in every state. If you get a speeding ticket or went through a red light or whatever the case may be,and you're going to get points on your license. This is a method to ensurethat you DO NOT get the points.

When you get your fine, send in a check to pay for it. If the fine is
$79.00 make the check out for $82.00 or some small amount over the fine.

The system will then have to send you back a check for the difference; however, here is the trick.

<DO NOT CASH THE REFUND CHECK! Throw it away!<?
Points are not assessed to your license until all financial
transactions are complete. If you do not cash the check, then the transactions are NOT complete. The system has received its money and is satisfied and will no longer bother you.

This information comes from an unmentionable computer company that sets up the standard databases used by every state.

Send this to everyone you know. You never know when they may need a break

 

[gn85]

That's a pretty slick trick. Gotta remember that one.

As for the ticket in the topic. Let's face the obvious. You're busted. Now, let's face some other realities... what is your driving record like?? You may be able to talk to the DA about just a fine and now points. I would be looking at your 'court' tactic at this point. I don't think I'd 'fight' this one.

 

[chevyII]

Sweet!! If you go ro court and the cop doesnt show your not guilty as there was no witness. If you see him in the court room plead guilty as the judge wont want to play games with you.

 

[gn85]

Originally posted by chevyII
Sweet!! If you go ro court and the cop doesnt show your not guilty as there was no witness. If you see him in the court room plead guilty as the judge wont want to play games with you.

I've gone to court before, had the cop not show up and people STILL plead guilty. The judge CLEARLY told everyone in the courtroom what their rights were with the cop not there. People were still pleading guilty. The judge was even asking them... ARE YOU SURE???????

People that dumb deserve the ticket!

 

[gofstbuick]

Plead not guilty using a written declaration, even if you are found guilty, you can still have your day in court and try a second time. But driving in the emergency / service lane is dangerous. Say you're being cautious and there is a real emargency that requires an emergency vehicle to use that lane. And it just so happens that one comes barreling down that lane only to encounter a cautious you. Also your infringing on the space of cars that would normally have the right to exit at the proper time (in the exit ahead). If you're driving down that service lane and you get to your exit, but another car is exiting at the same time and crashes into you, then the passing on the right seems justified, as the other car has the right to be in that exit spot (and you would be charged with being at fault for the accident, for passing on the right). Sorry to burst your bubble.

 

[striker_29]

Along the same lines as v6dvette

Heres one for ya:

Got pulled about a yr ago for speeding and nailed for 77 in a 60. My drivers license had expired a week prior so I got a ticket for that too Wasnt even going to attempt to fight it. Figured I better get my license renewed before I showed up at the court house to pay the ticket. Preciously in MS, your drivers license number was your social security number, but there was now an option to have a state generated number assigned. I decided to have a state generated number assigned, and inadvertantly got myself out of BOTH tickets. I left and went straight to the court house to pay my fines, and the computers could never find any records of the tickets due to the dl # change, so they were thrown out. Gotta love computer glitches sometimes

 

[V6DVette]

Originally posted by V6DVette
I was going to post this anyway...may help others out too if it works

???? To good to be true???



This advice was sent by a retired State Farm agent:

<his system has been tried and it works in every state. If you get a speeding ticket or went through a red light or whatever the case may be,and you're going to get points on your license. This is a method to ensurethat you DO NOT get the points.

When you get your fine, send in a check to pay for it. If the fine is
$79.00 make the check out for $82.00 or some small amount over the fine.

The system will then have to send you back a check for the difference; however, here is the trick.



<DO NOT CASH THE REFUND CHECK! Throw it away!<?
Points are not assessed to your license until all financial
transactions are complete. If you do not cash the check, then the transactions are NOT complete. The system has received its money and is satisfied and will no longer bother you.

This information comes from an unmentionable computer company that sets up the standard databases used by every state.

Send this to everyone you know. You never know when they may need a break

OK sorry guys. Just found out it doesn't work.oh well

 

[Intercooler]

Interesting replies here. I know I should have just been patient and went up the 1/4 mile instead of going in the emergency lane so after talking with a local Sheriff this evening this is what he said to do:


Plead guilty with an explanation. Explain that I have a clean driving record and would like to keep the points off and admit that I made a bad move going in the lane I did. At that point ask for a SBJ ( sentence before judgement) which will null the conviction if I don't get anything for a year. I will have to pay court costs and the fine but my record will stay okay. He said unless I get a bad judge they usually will do this because more than anything they are looking to collect on the fine. It's only a $45.00 fine but I think 2 points. This is what I am going to do. From now on after reading the info here I guess I will stay put behind someone when they are making a left turn rather than going around on the right or I could get another ticket!

 

[n20junkie]

here in NYS we have a criminal justice system, no matter what you get a ticket for plead Not Guilty, the da will almost always plead it do a parking ticket, why, because if you pay the original traffic violation the state gets the money, if you pay a parking ticket then the local goverment gets the money, so there is pressure from the guys that pay the da to get that money into the local goverment, little known info
Grant