Results 1 to 2 of 2
  1. #1
    Join Date
    Aug 2011
    Posts
    1

    Default 21755 Passing Safely on Shoulder

    My question involves a traffic ticket from the state of: California

    I was driving to a hardware store. When I was nearly there, a traffic jam developed and the traffic stopped. There was a white line to my right, and beyond the white line was a parking lot. The paving is continuous with no break from the road way to the parking lot.

    I pulled around the stopped traffic and into what I thought was a parking lot. Then I got closer to the hardware store by passing about 4 cars in the traffic jam before pulling into a space. The cop said I was driving on the shoulder, so gave me a ticket for passing on the right.

    The cop agreed that I was not passing unsafely. Can I win this fight? Any comments will be appreciated.

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: 21755 Passing Safely on Shoulder

    Quote Quoting toddao
    View Post
    The cop agreed that I was not passing unsafely.
    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 main-traveled portion of the roadway.
    (b) This section does not prohibit the use of a bicycle in a bicycle lane or on a shoulder.


    That "in no event (meaning NEVER) are you to drive off the main traveled portion of the roadway" (meaning the area to the right of the white line) is going to kill your argument about "I did it safely and the cop agreed"!

    1. Sponsored Links
       

Similar Threads

  1. Traffic Lane Violations: Improper Passing Ticket for Passing on Shoulder
    By Khanizzle in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 08-23-2011, 09:35 AM
  2. Traffic Lane Violations: When is Passing on the Right Allowed - VC 21755 Citation
    By tryingtoenterthefreeway in forum Moving Violations, Parking and Traffic Tickets
    Replies: 4
    Last Post: 07-01-2010, 04:16 PM
  3. Traffic Lane Violations: Shoulder Passing on a Motorcycle, VC 21755
    By Mikes83 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 5
    Last Post: 06-09-2010, 09:00 PM
  4. Traffic Lane Violations: Improper Passing, 21755 VC
    By slroman in forum Moving Violations, Parking and Traffic Tickets
    Replies: 5
    Last Post: 01-23-2010, 12:37 AM
  5. Traffic Lane Violations: Ticketed for Passing on the Right Shoulder
    By dmansd2002 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 4
    Last Post: 11-16-2009, 04:52 PM
 
 
Sponsored Links

Legal Help, Information and Resources