NJ improper passing (passing on shoulder) 39:4-85

[habermatthew]

What is the name of your state (only U.S. law)? NJ
Last weekend I was pulled over for improper passing (passing on the shoulder). The situation was I had entered and traveled a short distance on the shoulder to enter a parking lot of a shopping center, with a gas station due to the fact the tire pressure monitoring system stated pressure in my front right tire was low. Due to this being a 4 point ticket I plan on fighting it, but have the following questions.

NJ DOT has under lane usage for many roads

(d) This section is not intended to preclude normal use of the shoulder by other vehicles. "Normal Use" is defined as emergency stopping or driving on the shoulder for short distances to enter driveways or intersecting roadways.

Does the fact I was using the shoulder for a short distance a proper use of the shoulder.

Does the fact that I was using the shoulder for a short distance to get to a safe means to check and remedy a possible unsafe issue with my vehicle an acceptable use.

Is passing defined as overtaking a vehicle to drive get in front of them, and if you never pass anyone how can it be improper.

Thank you all in advance for your assistance.

 

[racer72]

Talk about picking fly turds out of pepper.

Does the fact I was using the shoulder for a short distance a proper use of the shoulder.

Not even close.

Does the fact that I was using the shoulder for a short distance to get to a safe means to check and remedy a possible unsafe issue with my vehicle an acceptable use.

You were going fast enough to pass other vehicles, that doesn't sound like an unsafe situation.

Is passing defined as overtaking a vehicle to drive get in front of them, and if you never pass anyone how can it be improper.

Only in NASCAR. If you vehicle had to use the shoulder to avoid the vehicle in the regular lane of traffic, you passed the vehicle.