Help! Ticket for passing on right shoulder.

[mnwind]

Twin City, Minnesota.

It happened on a local road on my way home after work two days ago. The car in front of me was stopped and waiting to make a left turn, I passed him on the right side. The police issued a ticket to me then. The road has one lane on each side, but the lane is very wide which can pass two cars easily, there was a solid white line in the middle of the lane.

I saw people do it every day, so I didn't realize that will result in a ticket, I never heard any person got such a ticket either. The local speed limit is 35 mph, and my speed was about 15 mph when I passed. no any people were around there except the cop.

I'm a good driver and this is the first ticket I ever got. How should I defend myself if I choose to go to court?

 

[racer72]

The car in front of me was stopped and waiting to make a left turn, I passed him on the right side.

Yep, that's illegal.

The road has one lane on each side, but the lane is very wide which can pass two cars easily, there was a solid white line in the middle of the lane.

That solid white line is called the fog line or boundary line, it marks the right edge of the legal lane of travel.

I saw people do it every day, so I didn't realize that will result in a ticket, I never heard any person got such a ticket either.

Ever hear the phrase about ignorance of the law is no excuse?

The local speed limit is 35 mph, and my speed was about 15 mph when I passed. no any people were around there except the cop.

Your speed is irrelevent.

I'm a good driver and this is the first ticket I ever got. How should I defend myself if I choose to go to court?

Beyond having the excuse of you did not do it, you will have to use other options. The first is driving school if it is available. Call the court and ask. Generally complete the school and the ticket is dropped. You may still have to pay the fine and pay for the school. Another option is to hire a local attorney. An experience attorney will know how the court works and may be able to negotiate a reduced charge or find a defect in the ticket that could result in it's dismissal.

 

[mnwind]

Thank you Racer72 for your frank response.

I feel frustrated because I see people do it everyday (many times police cars are around), but never see anyone got such a ticket, which made me think that is not very serious issue, otherwise I wouldn't have done it. I checked several forums online and found that cop usually just gave a warning at most for such case. For example, I paid good attentions when I drove yesterday, when a car was waiting to make left turn, three cars ahead of me, two cars behind me passed on the right, I didn't. Two police cars were about 20 yards away (not sure if the cop who gave me the ticket was there), they didn't do anything but watched those cars pass on right one after another.

I've been trying really hard to be a good driver, never got any ticket in my 12 years driving life. Given my excellent record, a ticket looks too hush for me.

 

[Zigner]

Thank you Racer72 for your frank response.

I feel frustrated because I see people do it everyday (many times police cars are around), but never see anyone got such a ticket, which made me think that is not very serious issue, otherwise I wouldn't have done it. I checked several forums online and found that cop usually just gave a warning at most for such case. For example, I paid good attentions when I drove yesterday, when a car was waiting to make left turn, three cars ahead of me, two cars behind me passed on the right, I didn't. Two police cars were about 20 yards away (not sure if the cop who gave me the ticket was there), they didn't do anything but watched those cars pass on right one after another.

I've been trying really hard to be a good driver, never got any ticket in my 12 years driving life. Given my excellent record, a ticket looks too hush for me.

Maybe the cop didn't like the color of your car, or the make of your car. Or, maybe the cop decided that he would only stop every 5th car he saw doing it, and only give a ticket to every other car he stopped. It really doesn't matter...you were stopped and you were cited.

 

[mnwind]

It seems that it is hard for me to defend myself in the court for such a case. All my reasons are irrelavent to the fact that I passed on right, which I can not and will not deny.

Just got a call back from my prepaid legal lawyer, he suggested me to do a plea negotiation with the district attorney in my first court appearance using my excellent history. Hopefully we can work out a deal.

 

[Hey There]

Consider this

#1 Check out the vehicle code you were cited for. Perhaps you can find it on the web by typing in the Vehicle Code itself. Is there a library or DMV close to you where you could check it out ? It is essential to read the Vehicle Code word by word to understand whether or not the Vehicle Code applies to you.
#2 Borrow from the library or buy BEAT YOUR TICKET by Attorney David W. Brown ($21.99) According to page 26 of Chapter 7 Passing on the Right in MOST states is OK if the other car is turning left and the road is wide enough for two cars and it is done safely. (No passing on an UNPAVED shoulder).
#3.Does Minnesota have Discovery where you can obtain the officer's notes or would a simple request for the officer's notes, video and anything else he might use in court suffice to obtain this information?
#4. It helps to mention the VC you were cited for and the fine if known.
#5. If you plead not guilty and the officer fails to show at court will your case be dismissed ?
#6. Check out the National Motorists Association website. The organization was founded to advocate for driver's rights.

 

[Zigner]

According to page 26 of Chapter 7 Passing on the Right in MOST states is OK if the other car is turning left and the road is wide enough for two cars and it is done safely. (No passing on an UNPAVED shoulder).

He had to cross off the road to pass. That's what that silly white line he mentioned was

 

[mnwind]

Here is the detail of the statute the cop cited: driving rule 169.18.4(4).

Subd. 4. Passing on the right. The driver of a vehicle may overtake and pass upon the right
of another vehicle only upon the following conditions:
(4) when the driver of a 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 onto the shoulder, whether paved or unpaved, or off the pavement or main-traveled
portion of the roadway.

 

[mnwind]

#4. It helps to mention the VC you were cited for and the fine if known.
#5. If you plead not guilty and the officer fails to show at court will your case be dismissed ?
#6. Check out the National Motorists Association website. The organization was founded to advocate for driver's rights.

#4, police didn't know how much the fine is. I called the court and administrator doesn't know it either. I was told to call back within 10 days of the court appearance appointment to check the fine amount again.

#5, yes the case will be dismissed if police fails to show up

#6, I will check the website

Thanks a lot.

 

[mnwind]

New findings after my investigation!

I went back and walked around the passing location. The road is paved for sure, wide enough for two cars to pass by. There is a small beautiful park on the right side. The front of entrance to the parking lot of the park is the exact location where I passed. There is no white line in front of the entrance. I might still have touched the white line before and after the entrance a little bit, but my main passing route didn't across white line (shoulder).

The movement was very safe. My passing speed was slow, 10-15m/h or even less. Nobody was around there in the parking lot except the officer at that time.

It seems that the citation code actually doesn't apply to me. I've taken a picture of the location. Can I use this as a bargain if I choose to go to trial? Thank you guys!

 

[Zigner]

I went back and walked around the passing location. The road is paved for sure, wide enough for two cars to pass by. There is a small beautiful park on the right side. The front of entrance to the parking lot of the park is the exact location where I passed. There is no white line in front of the entrance. I might still have touched the white line before and after the entrance a little bit, but my main passing route didn't across white line (shoulder).

The movement was very safe. My passing speed was slow, 10-15m/h or even less. Nobody was around there in the parking lot except the officer at that time.

It seems that the citation code actually doesn't apply to me. I've taken a picture of the location. Can I use this as a bargain if I choose to go to trial? Thank you guys!

You should be able to use it to bargain with someone. However, just because the line was not there to allow entrance in to the park, it does NOT mean that the shoulder wasn't there

 

[mnwind]

Decide to go trial

I just came back from the county court today. The prosecutor was very impatient. I was very polite to him and trying to make a deal, but he said that he has no time to discuss my case with me, I either pay the fine and have a record now or fight for it in trial, he mentioned that anyway they seldom lose.

I decided to give it a try in the court at the end of November. They just wasted my time to go there today and wait for couple of hours to fill out plea form. They make the procedure so troublesome which discourage people from fighting.

 

[racer72]

That is why they call it "fighting a ticket". If it was easy, everyone would do it and it would have another name.