Improper Passing by Riding on the Shoulder
My question involves a traffic ticket from the state of: New Jersey
https://www.google.com/maps/@40.6021...uGsl6ueUUQ!2e0
I was approximately at the location of the Capitol Lighting store and then proceeded into the right shoulder until the nearest exit you can see as the Greenbrook/Dunellen exit. This violation is 4pts and I had a clean driving record for 7 years. It was very dark at night ( I could barely see any shoulder lane markings), heavy raining and there was a lot of traffic. I was not riding in that shoulder for more than 100ft. What should I do? I appreciate any help greatly.
I am unsure how long this violation stays on my record, and I would just like to have the points removed at the least, however I am also unsure what the charge is for that.
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I should also add that I came up from behind and passed the police vehicle in the line of traffic ahead. The policeman was not stationary in a lot of some sort on surveillance. It is just his subjective opinion on exactly how long I was in the shoulder...he may have thought I was riding in it for very long when in fact I rode in it less than 100ft so I can just pass some cars to take the exit. Even if I am at fault, I still think it is a bit harsh for a clean record.
Statute No. 39:4-85 is what is on the ticket.
Re: Improper Passing (Riding in Shoulder)
Unfortunately for you, the officer's "subjective opinion" is exactly what matters here and he need not be stationary to make that opinion. Considering the wording of the statute, it might be better for you if he were stationary. If his vehicle was stationary, you could argue that we was not proceeding at the time you passed and the statute requires both vehicles to be "proceeding." The obvious purpose of the law is to prevent an accident that might happen if you passed on the right and just then, the vehicle being passed moved to the right as well. The line marking the shoulder doesn't seem to matter in the statute cited but there may be other statutes relating to that.
Re: Improper Passing by Riding on the Shoulder
Sorry, in NJ and every other state I am aware of, you do not get to drive down the shoulder to avoid waiting in traffic.
Quote:
The driver of a vehicle may overtake and pass another vehicle upon the right as provided in this section only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.