My question involves traffic court in the State of: Missouri
My question is in regard to how a “joined” traffic violation is interpreted by a traffic court. Where the code says a citizen violated the ordinance by doing “This” AND “That” (as opposed to OR)
I was issued a citation for Missouri Ordinance 304.016 (Overtaking) Charge Code 4728805.0 “Passed vehicle on right and traveled off main portion of Road”
I was not in violation of the “travelled of the main portion of the road” aspect of the charge as the vehicle I passed had pulled to the left and stopped partially in a traffic lane with two wheels over the left fog line. At no point was any part of my vehicle outside the right fog line when I passed thus I was never “off the main portion of the road”
Does the charge written have to match the offense? Or will the Judge and Officer be able to parse the Charge and say that I passed on the right and that was enough for the ticket?
I’ve been led to believe that charges that are specific and include the “AND” mean that all aspects of the charge code must have been violated or the citation is invalid due to being inaccurate.
If I had been charged with only passing on the right my check would already be in the mail. I now know there is no Charge Code for a simple “passing on the right” and the reason seems to be that there are occasions that a driver may need to pass a stopped / stalled vehicle on the right when it does not interfere with the ability to use the lane as was the case in my scenario.
Anyone have thought as to whether or not to take this one to traffic court?