Driving on the Shoulder in Texas

[Newtons1st]

I got a ticket for driving on the shoulder. I passed about 10-15 cars to make a right turn on what looked like a lane or a turn lane. There are no white lines on that side of the road designating it as a shoulder or a line showing the starting of a turn lane. There were already 3-4 cars in line to make the righthand turn that I got behind. The road is plenty wide enough for 2 lanes. It looks like 2 lanes with no markings. The opposite side of the road clearly has a white line right next to the edge of the road and is 2 lanes. Can I say there were no lines and have a chance to get off or I should have known even though there were no lines.

[blewis]

That's just it. If there were no clearly marked lanes, why would you assume you could "create" one? As you stated, the lanes were clearly marked on the opposite side. If that was a turn lane, it, too, would have been clearly marked.

Your only hope is to show that the whole scene was confusing. Take lots of pictures (if it's not too dangerous), showing how the lack of markings created the confusion. I'm not sure it will work, but that's your only hope, as I see it.

Good luck,
Barry

[roninmd]

§ 545.058. DRIVING ON IMPROVED SHOULDER. (a) An operator
may drive on an improved shoulder to the right of the main traveled
portion of a roadway if that operation is necessary and may be done
safely, but only:
(1) to stop, stand, or park;
(2) to accelerate before entering the main traveled
lane of traffic;
(3) to decelerate before making a right turn;
(4) to pass another vehicle that is slowing or stopped
on the main traveled portion of the highway, disabled, or preparing
to make a left turn;
(5) to allow another vehicle traveling faster to pass;
(6) as permitted or required by an official
traffic-control device; or
(7) to avoid a collision.
(b) An operator may drive on an improved shoulder to the
left of the main traveled portion of a divided or limited-access or
controlled-access highway if that operation may be done safely, but
only:
(1) to slow or stop when the vehicle is disabled and
traffic or other circumstances prohibit the safe movement of the
vehicle to the shoulder to the right of the main traveled portion of
the roadway;
(2) as permitted or required by an official
traffic-control device; or
(3) to avoid a collision.
(c) A limitation in this section on driving on an improved
shoulder does not apply to:
(1) an authorized emergency vehicle responding to a
call;
(2) a police patrol; or
(3) a bicycle.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

Notice it says that you can drive on the shoulder as long as you are decelerating to make a right turn.

You would have been fine if you had gone on the shoulder and stopped, then got out of car to do a safety check, then accelerated to get back in traffic but since they didn't let you in, you made a right turn.