§ 545.058. DRIVING ON IMPROVED SHOULDER. (a) An
operator may drive on an improved shoulder to the right of the main
traveled portion of a roadway if that operation is necessary and may
be done safely, but only:
(1) to stop, stand, park;
(2) to accelerate before entering the main traveled lane of traffic;
(3) to decelerate before making a right turn;
(4) to pass another vehicle that is slowing or stopped
on the main traveled portion of the highway, disabled, or preparing
to make a left turn;
(5) to allow another vehicle traveling faster to pass;
(6) as permitted or required by an official
traffic-control device; or
(7) to avoid a collision.
我覺得依法我沒錯，符合Item（3）， 也沒有"Don Not Drive On Shoulder" 的sign。 所以想去argue一下。您說有機會嗎？現在我的問題時，如果選擇了Trail, 那一個對我有利： jury trail 或 judge trail? 另外，萬一trail時我輸了，是否我還可以去上defensive driving class 來抵消？
芝麻大的事，但搞得我煩心。開車這麼多年了，頭一回。 :-(作者: 靈犀 時間: 2004-9-24 16:48
I feel that driving on shoulder for going to work might not be a good reason. You have to find more urgent reasons. I would prefer to use item (4) if I were in the same situation. or you could use both (3) and (4).
If there is no bargin offer, it does not hurt to plea not guilt. I am not sure which trial will give you better chance. Are there any other implication (for example, is there cost for the trial?) other then who makes decision. I think you can always take defensive driving class to reduce your points.
sorry I could not give you better answer. I would still suggest you to post your question in that web site to hear other people's opinions. you may also call local traffic lawyers to see how they can help you 作者: 有希望 時間: 2004-9-24 16:53
No, I will not tell them why I drove on shoulder. I will only tell them by law I have the right to do so.
Yes, I already post my question over that site you gave to me and got an answer that I should try to fight via trail.
I will keep all friends here posted. It is kind of experience for all of us. The court date is Nov. 5作者: 靈犀 時間: 2004-9-24 17:18
But I think they will ask for the reason, and you have to answer it. Because it is not done freely, otherwise, it should not be ticketed.
Good luck to you. we all stand by you . Hope to hear good news from you ~~作者: 有希望 時間: 2004-9-24 17:23
Thanks for your support. :-)
