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

    Default Improper Passing Ticket for Passing on Shoulder

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

    I was driving down a one lane road when the car in front of me turned on its left turn signal and stopped to make a left turn. I noticed that there where 3-4 cars ahead of it that where also stopped. Very busy area and a lot of cars where coming from the other direction. So I decided to pass the left turning stopped cars on their right side. I drove onto the gravel(unpaved) shoulder in order to overtake the stopped cars. As soon as I passed them I got pulled over by an officer who issued me a ticket for Improper passing.

    I was wondering if i could fight the ticket, because i found this section under the Michigan vehicle code, that states I am allowed to pass a vehicle on the right if the vehicle is making or about to make a left turn.


    Section 257.637
    MICHIGAN VEHICLE CODE (EXCERPT)
    Act 300 of 1949

    257.637 Overtaking and passing on right of another vehicle; conditions; violation as civil infraction.
    Sec. 637.

    (1) The driver of a vehicle may overtake and pass upon the right of another vehicle only if 1 or more of the following conditions exist:

    (a) When the vehicle overtaken is making or about to make a left turn.

    (b) Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for 2 or more lines of moving vehicles in each direction and when the vehicles are moving in substantially continuous lanes of traffic.

    (c) Upon a 1-way street, or upon a roadway on which traffic is restricted to 1 direction of movement, where the roadway is free from obstructions and of sufficient width for 2 or more lines of moving vehicles and when the vehicles are moving in substantially continuous lanes of traffic.

    (2) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting the overtaking and passing in safety. The driver of a vehicle shall not overtake and pass another vehicle upon the right by driving off the pavement or main-traveled portion of the roadway.

    (3) A person who violates this section is responsible for a civil infraction.

    http://www.legislature.mi.gov/(S(u0e...me=mcl-257-637

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Improper Passing Ticket for Passing on Shoulder

    Quote Quoting MCL 257.637 Overtaking and passing on right of another vehicle; conditions; violation as civil infraction.
    (1) The driver of a vehicle may overtake and pass upon the right of another vehicle only if 1 or more of the following conditions exist:
    (a) When the vehicle overtaken is making or about to make a left turn.


    (b) Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for 2 or more lines of moving vehicles in each direction and when the vehicles are moving in substantially continuous lanes of traffic.


    (c) Upon a 1-way street, or upon a roadway on which traffic is restricted to 1 direction of movement, where the roadway is free from obstructions and of sufficient width for 2 or more lines of moving vehicles and when the vehicles are moving in substantially continuous lanes of traffic.
    (2) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting the overtaking and passing in safety. The driver of a vehicle shall not overtake and pass another vehicle upon the right by driving off the pavement or main-traveled portion of the roadway.


    (3) A person who violates this section is responsible for a civil infraction.
    You admit that you left the pavement, ergo the charge.

    1. Sponsored Links
       

Similar Threads

  1. Careless Driving: Ticket for Improper Passing in New Jersey
    By druid4 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 5
    Last Post: 12-30-2010, 04:40 PM
  2. 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
  3. Traffic Lane Violations: Improper Passing on Right (Shoulder Running)
    By mklaman in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 07-19-2009, 04:22 PM
  4. Traffic Lane Violations: Improper Passing on the Shoulder
    By unknownmg in forum Moving Violations, Parking and Traffic Tickets
    Replies: 8
    Last Post: 05-16-2009, 07:38 AM
  5. Traffic Lane Violations: Improper Passing Ticket
    By mesophine in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 10-22-2005, 11:04 AM
 
 
Sponsored Links

Legal Help, Information and Resources