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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 110534
Experience:  Attorney with over 24 years of law and traffic law
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I received a ticket this morning on a improved

Customer Question

I received a ticket this morning for driving on a improved shoulder.
JA: OK. The Traffic Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please tell me everything you can about this issue so the Traffic Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: I was going to make a right turn on a street that has two lights. One to turn left and one to turn right. There is a line marked on the street to show the shoulder, but the other lane is to go straight or turn left. This leads to a long line, but I always thought you could drive on the shoulder if a vehicle was stopped and going to make a left turn
JA: Is there anything else important you think the Traffic Lawyer should know?
Customer: no I don't think so
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Traffic Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Traffic Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your question for us on this matter?
Customer: replied 5 months ago.
I received a ticket this morning for driving on a improved shoulder. I believe driving on the shoulder was necessary because the lane of traffic backs up so bad that it creates a line at the intersection before the intersection where I was turning. Had I not gone onto the shoulder I would have been stopped in the intersection.
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.Unfortunately, driving on the shoulder is not allowed under the traffic code. There is no exception in the code for traffic jams. If you would have been in the intersection and thus in an unsafe position and you used the lane to escape the unsafe position, then you have a mitigating factor (this does not mean your actions did not violate the law, but it means you have a reasonable basis for the conduct) and you would plead not guilty and then explain the mitigating factor to the prosecutor to try to get them to reduce the violation perhaps to a non-moving violation (which they have power to do) or to even dismiss the violation.However, you have to show them how you were in a dangerous position and had no choice but to drive in that lane to avoid the dangerous situation, not just to avoid the traffic back up.

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