Failure to Keep Right - Massachusetts

[MysticalPeace]

Hello all,
My fiance got pulled over tonight for "failure to keep right". The officer followed us for 4 miles. He was driving my brand new car. We got it from a shotty dealership, so we were afraid that there was something wrong and the officer noticed. After the 4 miles, he pulled us over and fined my fiance $100. My fiance drives for a living and the officer made us nervous. I don't want my fiance to lose his job over this ticket. Any suggestions on how we can fight this?

 

[I_Got_Banned]

Is this the section he was cited for:

CHAPTER 89. LAW OF THE ROAD

Chapter 89: Section 4B. Driving in lane nearest right side of way

Upon all ways the driver of a vehicle shall drive in the lane nearest the right side of the way when such lane is available for travel, except when overtaking another vehicle or when preparing for a left turn. When the right lane has been constructed or designated for purposes other than ordinary travel, a driver shall drive his vehicle in the lane adjacent to the right lane except when overtaking another vehicle or when preparing for a left or right turn; provided, however, that a driver may drive his vehicle in such right lane if signs have been erected by the department of highways permitting the use of such lane.​

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And if so, are you saying that he could see that the oficer was behind him for 4 miles and yet he failed to move to the right, because you were concerned that the officer would notice "something was wrong"?

 

[MysticalPeace]

Is this the section he was cited for:

CHAPTER 89. LAW OF THE ROAD

Chapter 89: Section 4B. Driving in lane nearest right side of way

Upon all ways the driver of a vehicle shall drive in the lane nearest the right side of the way when such lane is available for travel, except when overtaking another vehicle or when preparing for a left turn. When the right lane has been constructed or designated for purposes other than ordinary travel, a driver shall drive his vehicle in the lane adjacent to the right lane except when overtaking another vehicle or when preparing for a left or right turn; provided, however, that a driver may drive his vehicle in such right lane if signs have been erected by the department of highways permitting the use of such lane.​

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And if so, are you saying that he could see that the oficer was behind him for 4 miles and yet he failed to move to the right, because you were concerned that the officer would notice "something was wrong"?

I don't know when he noticed, but I noticed it was a little bit before he pulled us over. The officer told us it was 4 miles. I don't know why my fiance didn't move over sooner. The officer didn't "seem" like we were in the way when I noticed him. To me, it seemed like he was just "cruising with us" since he didn't pull us over yet.

To explain my previous statement - I have already had issues with my new car. We had a fear that "something else" went wrong. To him, this may have been a distraction. I am not using it as an excuse. In no way did I think we were getting pulled over for a moving violation.

730 CMR section 7.08(13)(b) was what he was cited for.

 

[I_Got_Banned]

730 CMR section 7.08(13)(b) was what he was cited for.

Same thing....

7.08(13) Keeping to the Right

(b) On Ways Other Than the Tunnels.

The operator of a motor vehicle on a way other than the Tunnels shall drive in the lane nearest the right shoulder of the roadway, when that lane is available for ordinary travel, except when overtaking another vehicle in that lane or at the direction of a Massachusetts State Police officer or sign. When the lane nearest the right shoulder of the roadway is a creeper lane or breakdown lane, an operator shall drive in the lane adjacent to the creeper lane or breakdown lane, except when overtaking another vehicle in that lane or at the direction of a Massachusetts State Police officer or sign.​

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I don't know when he noticed, but I noticed it was a little bit before he pulled us over. The officer told us it was 4 miles. I don't know why my fiance didn't move over sooner. The officer didn't "seem" like we were in the way when I noticed him. To me, it seemed like he was just "cruising with us" since he didn't pull us over yet.

To explain my previous statement - I have already had issues with my new car. We had a fear that "something else" went wrong. To him, this may have been a distraction. I am not using it as an excuse. In no way did I think we were getting pulled over for a moving violation.

Point is, you haven't posted anything to suggest that the citation was issued in error or that your fiance was driving within the limits of the law. It is obvious, by what you posted, that he was in violation, and with him "driving for a living", one would think that, first, he is knowledgeable about the rules of the road and second, that he would be more concerned about his driving record therefore he would make more of an effort to be in compliance, instead of being distracted because someone else (you) though something else was wrong.

I would typically say "he is within his rights to try and fight it... he should present his argument in court and see what happens" BUT in this case (again) I see no legitimate excuse as to why he failed to comply with the rules of the road...

Just my opinion.

 

[Krysick]

So the only reason you didn't move over was because you were afraid something was wrong with the car? What could have possibly been wrong with the car to have made you nervous about switching lanes?

 

[Orcons]

Hello all,
My fiance got pulled over tonight for "failure to keep right". The officer followed us for 4 miles. He was driving my brand new car. We got it from a shotty dealership, so we were afraid that there was something wrong and the officer noticed. After the 4 miles, he pulled us over and fined my fiance $100. My fiance drives for a living and the officer made us nervous. I don't want my fiance to lose his job over this ticket. Any suggestions on how we can fight this?

As someone who lives in MA what your fiance did is pretty typical. I don't understand why, I learned to drive in a different state and was taught to stay to the right unless passing but drivers in MA seem to think that driving for long distance in the left lane when not passing is OK.

In any case your fiance should fight it - he may get lucky with the magistrate. He should think of a better story than the "problem with new car" one though.