Improper Passing Ticket for Passing on Shoulder

[Khanizzle]

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

[Mr. Knowitall]

(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.