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Ticket for Driving on the Shoulder After Swerving While Picking Up a Dropped Item

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  • 04-21-2014, 06:00 PM
    Danny6
    Ticket for Driving on the Shoulder After Swerving While Picking Up a Dropped Item
    My question involves traffic court in the State of:

    I was driving on the freeway when my sunglasses fell out of my hands and onto the floor of the passenger seat. I went down to reach for them because I did not want them to get dirty. I was initially in the middle lane of the freeway. As I was reaching down, I began to swerve or veer rather quickly to the next land and eventually all the way onto the right shoulder. My car was on the shoulder lane for a matter of around 2 to 3 seconds before I returned to the right most lane of the freeway.

    There was a highway patrol officer around 3/4 cars behind me. He followed me for a little before telling me to take an exit. He gave me a ticket stating "21755 VC Driving on Right Shoulder".

    I looked up the violation and it states, "21755. (a) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting that movement in safety. In no event shall that movement be made by driving off the paved or maintraveled portion of the roadway.

    (b) This section does not prohibit the use of a bicycle in a bicycle lane or on a shoulder."

    In my case however, I was not attempting to overtake or pass another vehicle at all? I want to take this court, but do you think I would win the case?

    Thanks for any help
  • 04-22-2014, 04:55 AM
    PADriver13
    Re: Ticket for Driving on the Shoulder After Swerving While Picking Up a Dropped Item
    No- You are admitting that you took your eyes off the road (to retrieve a dropped item), and as a result, could no longer maintain control (or the lane) of your car. You are seriously trying to argue that it is ok to brake lanes as long as you aren't trying to pass someone?
  • 04-22-2014, 10:14 AM
    Danny6
    Re: Ticket for Driving on the Shoulder After Swerving While Picking Up a Dropped Item
    I feel that I was charged incorrectly. I was not attempting to pass any vehicle of any kind? There has to be an alternat
  • 04-22-2014, 10:26 AM
    Disagreeable
    Re: Ticket for Driving on the Shoulder After Swerving While Picking Up a Dropped Item
    Whether you were attempting to overtake another vehicle actively or not, it can be assured somewhere in front of you was another vehicle moving slower.
  • 04-22-2014, 10:35 AM
    Danny6
    Re: Ticket for Driving on the Shoulder After Swerving While Picking Up a Dropped Item
    Okay, thanks for the help!
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