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  1. #1
    Join Date
    May 2009
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    Default Improper Passing on the Shoulder

    My question involves a traffic ticket from the state of: Illinois.

    Seeking some help on a violation ticket that I got... The lights on the traffic signal were green and the car in front of me suddenly decided to stop without any indication to make the left turn. To avoid the accident I moved a little to the right and passed him. A cop was sitting right at the intersection and ticketed me with "Improper Passing on the shoulder".

    I am seeking some suggestion if there will be any chance that I could contest this ticket and have the judgment passed in my favor?

    Appreciate your time and and help on this matter.

    Umg

  2. #2
    Join Date
    Oct 2005
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    California
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    Default Re: Improper Passing on the Shoulder

    That's a tough one because, from what you said, you would have 'nailed' the guy if you hadn't swerved to the right....which would usually be interpreted as following too closely (also an infraction). If you decide to contest it, you'd do well to come up with some other defense.

  3. #3
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    Default Re: Improper Passing on the Shoulder

    The question here is how to contest the violation that unknownmg was cited with NOT how to avoid getting cited for ANOTHER violation.

    unknownmg, what Illinois Vehicle Code Section were you cited for violating?

  4. #4
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    May 2009
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    3

    Default Re: Improper Passing on the Shoulder

    Hi 'Thant Guy',

    The Violation Code is :
    CH: 625
    ACT: 11
    SEC: 709-1

    Appreciate your help.

    Umg

  5. #5
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    Default Re: Improper Passing on the Shoulder

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

  6. #6
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    May 2009
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    Default Re: Improper Passing on the Shoulder

    Looks like the Section may be 11-709, although what is written on the ticket is 709-11.

  7. #7
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    Default Re: Improper Passing on the Shoulder

    Quote Quoting chuckycheese
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    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!!!


    ----------------------------------------------------------------------
    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.

  8. #8
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    Default Re: Improper Passing on the Shoulder

    TG...If you have to swerve to avoid rear ending someone, that pretty much implies that you're following too closely. That, however, has little to do with the real problem.

    I now, and I think others, suspect that you're some kind of a 'kook', considering the time and ridiculous effort you spend on this forum trying to substantiate foolish or meaningless points of contention....that accomplish no useful purpose.

    I'm going to Europe in the morning and will be there for 3 weeks. I think you should either get a job or some professional help between now and then...or, both. Regardless of your situation, you have too much idle time on your hands and if you're young (as I suspect you are), it will be to your detriment not to do so.

    Upon my return, I'll be interested in your progress. Talk to your family and friends...they can be very, very helpful. I mean that in a very sincere manner.

  9. #9
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    Default Re: Improper Passing on the Shoulder

    Quote Quoting chuckycheese
    View Post
    TG...If you have to swerve to avoid rear ending someone, that pretty much implies that you're following too closely
    Who said anything about swerving?

    Quit making things up only to justify you idiotic meaningless posts.

    Quote Quoting chuckycheese
    View Post
    That, however, has little to do with the real problem.
    So why bring it up then?

    Quote Quoting chuckycheese
    View Post
    I now, and I think others,
    Oh yeah, who else are you including here?

    Speak for yourself and don’t count on other backing up your moronic assumptions…

    Quote Quoting chuckycheese
    View Post
    suspect that you're some kind of a 'kook', considering the time and ridiculous effort you spend on this forum
    What is it to you who I am, what I do or how much time I spend on doing it? Why should any of that be of any concern to a punk like you?

    Quote Quoting chuckycheese
    View Post
    trying to substantiate foolish or meaningless points of contention....that accomplish no useful purpose.
    Let’s review my posts and your posts, in this thread alone… Then tell me who is trying to substantiate pointless rhetoric that is obviously is the basis for any and all of your posts on this entire forum!!!

    I posted the statute that substantiated my opinion. What did you do?

    Oh, you resorted to insults and ridicule to prove nothing that the OP can benefit from. Just like you name, Chuckycheese, you’re as big a joke, and so are your opinions.

    Quote Quoting chuckycheese
    View Post
    I'm going to Europe in the morning and will be there for 3 weeks. I think you should either get a job or some professional help between now and then...or, both. Regardless of your situation, you have too much idle time on your hands and if you're young (as I suspect you are), it will be to your detriment not to do so.
    Once again, what I do, when I do it or how, is none of your business; nor should it be any of your concern! If you can’t manage your time as efficiently as I do, then that is your own issue. Deal with it on your own…

    Quote Quoting chuckycheese
    View Post
    Upon my return, I'll be interested in your progress. Talk to your family and friends...they can be very, very helpful. I mean that in a very sincere manner.
    Give it a rest Chucky… You’re not going to win any of these arguments here. And although I don’t mind giving you a figurative spanking every once in a while, I would assume that my doing so will not help you with your self esteem in the long run. In fact the few spankings I’ve given you so far have had a negative impact on you already.

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