I just got a ticket for driving on the shoulder with VC 21755. I looked up Vehicle Code Section 21755. I wanted to see if there was anything I could do about it to maybe make it a non-moving violation or something.
"Pass on Right Safely
21755. The driver of a motor vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the paved or main-traveled portion of the roadway."
I was driving on the right lane of a 2 lane highway. The highway has a shoulder on the right. The left lane was completely stopped with traffic merging to enter another highway northbound. I had to merge southbound. A car two cars in front of me stopped in order to merge into the left lane. The car directly in front of me passed on the shoulder to get around that car. I followed. The cop stopped me (too bad for me) and gave me a ticket with VC 21755.
Is there any type of exclusion for passing on the shoulder if the car in front of you is completely stopped? I was literally going 5 or 10 mph to get around and not block the entire lane behind me. My turn to the right was probably 300 feet in front of me, so as you can imagine it's really frustrating to sit there behind someone who is completely stopped. Not to mention that BOTH lanes went to the left, so the guy who stopped had no reason for doing so.
Thanks for any advice.