Left of Center on unstriped road

[Centerleftof]

What is the name of your state (only U.S. law)? New Mexico

An officer pulled me over late on a Saturday night presumably to see if I had been drinking or not. I had not been.

He claimed that I was weaving and drove left of center. I was driving normal and straight as my wife who was in the car will attest to. The road is a rural farm road with out any center or shoulder striping.

Basically it is his word vs my word. What defense can I muster? Does a written statement from my wife help? I planned to have measurements of the road showing that it is narrow and to take pictures of the lack of markings.

I thought about measuring the width of the road and the width of my car. Then I would ask the officer how far my passenger wheel should be from the shoulder of the road. If that distance plus the width of my car is more than half the road it should be ok, right?

Any advice? Court in two days.

Thank you.

[FlyingRon]

Assuming you were charged with 66-7-308, the fact that your car is wider than 1/2 the road is not a defense. You are expected to stay as far right as practical even when it means you will be not entirely on the right half of the road.

[Centerleftof]

My car isn't wider than half the road and I did stay as far right as practical. I knew ther was a police car following close behind me and tok extra care to make sure I was driving properly. My question is what can I do to prove this?

There is debris and rocky ditches right along the edge of the road. There are exceptions for moving left to avoid construction and debris.

Even though I was driving far to the right as I normally do, would it be prudent to try to show that there is a reason to be farther left on the road for safety?


Other than saying I didn't do it, what convincing evidence can I provide? Do two account mine and my wife's hold any weight against the single account of the officer?

Thank you.

[Centerleftof]

It was this statute: 66-7-313

What do I say besides I did not drive left of center?



66-7-313. Further limitations on driving to left of center of roadway.

A. No vehicle shall at any time be driven to the left side of the roadway under the following conditions:

(1) when approaching the crest of a grade or upon a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;

(2) when approaching within one hundred feet of or traversing any intersection or railroad grade crossing; or

(3) when the view is obstructed upon approaching within one hundred feet of any bridge, viaduct or tunnel.

B. The foregoing limitations shall not apply upon a one-way roadway.

[Centerleftof]

Any advice about how present my case? Court is very soon. Thank you.