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Pulled Over for "Extreme Left" on UNMARKED highway

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BGR334

Member
In a nutshell, I was driving 60 in a 65mph zone, alone on a dark stretch of highway... NO ONE was behind me OR in front of me. I was having a handsfree conversation with my mother after picking up medication for my sick child 5 miles from my home around 5:30 pm. I was driving in the left lane ABOUT TO TAKE A LEFT. LITERALLY out of NOWHERE someone rushes up behind me right before the turn, gets on my bumper and starts flashing their brights. SCARED THE CRAP out of me... I yelled out WHERE DID HE COME FROM???? WHAT THE CRAP???? (and tapped my brake) My mom asked me... "what's wrong??" I told her, SOMEONE'S ON MY TAIL! THEN he turned on his blue lights. I immediately pulled over... he came stomping up to my door... I asked him WHAT'S GOING ON??? He snapped at me that he pulled me for driving extreme left... I told him I was ABOUT TO TURN LEFT WHEN YOU RUSHED UP BEHIND ME! Then he scolded me for "brake checking him". I told him, no I didn't! YOU SCARED THE SHIT OUT OF ME!~ You came out of NOWHERE in the dark, rushing up on my bumper and flashing your brights in my eyes!!! He said that was a courtesy flash! I said, COURTESY FLASH?? YOU WERE ON MY BUMPER!!!! He kept insisting I brake checked him.
* I wasn't speeding.
* We have had people impersonating police in this area...
but MOST of all...
*that 2.5 mile stretch of highway ISN'T MARKED "KEEP RIGHT EXCEPT TO PASS."
*ISN'T IT UNLAWFUL TO CITE A DRIVER FOR DRIVING EXTREME LEFT WHEN IT ISN'T POSTED?????
 


Zigner

Senior Member, Non-Attorney
While we are waiting to find out what state this is, can you clarify something? Your title says the road was "unmarked", but your question is related to something being "posted". Were there lane markings? Can you tell us what road and location this was?
 

BGR334

Member
While we are waiting to find out what state this is, can you clarify something? Your title says the road was "unmarked", but your question is related to something being "posted". Were there lane markings? Can you tell us what road and location this was?
According to AL Statute 32-5-77 "The Director of Public Safety shall give appropriate notice to the state Director of Transportation of the locations of any portions of highways designated as restricted pursuant to the provisions of subsection (a) of this section so that appropriate markers or other equipment may be erected by the State Department of Transportation."

The highway the Sherriff pulled me over on is NOT marked ANYWHERE within the 2.5 miles between the store I left and the left turn I was ABOUT to take... OR anywhere else, for that matter.
Here is the relevant section of law: https://codes.findlaw.com/al/title-32-motor-vehicles-and-traffic/al-code-sect-32-5a-80.html

It doesn't have to be posted.

You might have some traction with your claim that you were preparing to turn left, but it sounds like you traveled quite some distance on the left side, so your claim is suspect.
It DOES have to be posted.

https://codes.findlaw.com/al/title-32-motor-vehicles-and-traffic/al-code-sect-32-5-77.html
 

Zigner

Senior Member, Non-Attorney
According to AL Statute 32-5-77 "The Director of Public Safety shall give appropriate notice to the state Director of Transportation of the locations of any portions of highways designated as restricted pursuant to the provisions of subsection (a) of this section so that appropriate markers or other equipment may be erected by the State Department of Transportation."

The highway the Sherriff pulled me over on is NOT marked ANYWHERE within the 2.5 miles between the store I left and the left turn I was ABOUT to take... OR anywhere else, for that matter.


It DOES have to be posted.

https://codes.findlaw.com/al/title-32-motor-vehicles-and-traffic/al-code-sect-32-5-77.html
That code section doesn't mean it has to be posted.

EDIT: Let's take this in a slightly different direction. What code section were you actually charged with violating?
 
Last edited:

Zigner

Senior Member, Non-Attorney
According to AL Statute 32-5-77 "The Director of Public Safety shall give appropriate notice to the state Director of Transportation of the locations of any portions of highways designated as restricted pursuant to the provisions of subsection (a) of this section so that appropriate markers or other equipment may be erected by the State Department of Transportation."
If the section of road you were traveling on was not designated as restricted by the Director of Public Safety, then you need to refer to the other laws as well. The code section I cited does NOT require posted notices.
 

BGR334

Member
If the section of road you were traveling on was not designated as restricted by the Director of Public Safety, then you need to refer to the other laws as well. The code section I cited does NOT require posted notices.
I just spoke to the DOT and the section of highway is NOT restricted, therefore it is NOT marked. The deputy is at fault.
 

Shadowbunny

Queen of the Not-Rights
In a nutshell, I was driving 60 in a 65mph zone, ..... someone rushes up behind me right before the turn, gets on my bumper and starts flashing their brights.... (and tapped my brake)
According to this, you DID brake-check him.
 

Zigner

Senior Member, Non-Attorney
I just spoke to the DOT and the section of highway is NOT restricted, therefore it is NOT marked. The deputy is at fault.
No, you've got it exactly backwards. It's not specifically restricted per the code section you posted, but you can't just toodle along on the left per the section I posted.
 

FarmerJ

Senior Member
Did you have a dash cam facing the rear of your vehicle that recorded the vehicle behind you coming up on you as you said ? If not then how would you prove to a judge your reason to have the ticket tossed out ?
 

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