
Quoting
chuckycheese
Hoping to gain leniency for one infraction by implying that he committed another is probably not a very sound strategy.

Chucky, the only post that suggested anything about another violation was your own; specifically, post #2!!!

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Illinois Vehicle Code - 625 ILCS 5, Section 11-709.1
(a) Vehicles shall be driven on a roadway, and shall only be driven on the shoulder for the purpose of stopping or accelerating from a stop while merging into traffic. It shall be a violation of this Section if while merging into traffic and while on the shoulder, the vehicle passes any other vehicle on the roadway adjacent to it.
(b) This Section shall not apply to any authorized emergency vehicle, or to any service vehicle while engaged in maintenance of the highway or related work.
Umg, depending on what you meant by "I moved a little to the right and passed him" or whether you actually drove on the shoulder as to whether you would be considered to be in violation.
Definitions:
Illinois Vehicle Code - 625 ILCS 5, Section 1-187.1
Shoulder: That portion of the highway adjacent to the roadway for accommodating stopped vehicles or for emergency use.
Illinois Vehicle Code - 625 ILCS 5, Section 1-179
Roadway:That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively.