Traffic Law Question...

[SoMDMama82]

OK, this may sound like a stupid question, but I guess because I see this happen so much in this area, I guess my memory of the law has gotten fuzzy I've tried to look it up in the MVA handbooks online, but can't seem to find my answer.

Don't know how many of you are familiar with the intersection at 5 and Golden Beach Road, but on Saturdays the N. bound side always seems to get backed up a bit. My fiance was heading N., and was trying to turn into the BP. He said he pulled over onto the shoulder right infront of the McDonalds and was getting ready to make the turn, when a cop cut him off (almost causing an accident) and put on her lights. She followed him into the BP and gave him a ticket for "driving off road to pass traffic" and a $110 fine. Now, none of the businesses right there have a turning lane, and staying in the main road, and slamming on your breaks to make a turn right into any of those places would cause an accident. Now, I wasn't with him, but the only thing I can think of, was maybe you can dive on the shoulder when your about to turn, as long as you do not pass and entrance/exit to another place?? Bad thing is, those places have entrances/exits so close together, it makes it hard.

He said he wasn't about to sit there and argue with her, but I'm just wondering if it's worth going to court, or if he should just suck it up and pay :shrug:

 

[dems4me]

OK, this may sound like a stupid question, but I guess because I see this happen so much in this area, I guess my memory of the law has gotten fuzzy I've tried to look it up in the MVA handbooks online, but can't seem to find my answer.

Don't know how many of you are familiar with the intersection at 5 and Golden Beach Road, but on Saturdays the N. bound side always seems to get backed up a bit. My fiance was heading N., and was trying to turn into the BP. He said he pulled over onto the shoulder right infront of the McDonalds and was getting ready to make the turn, when a cop cut him off (almost causing an accident) and put on her lights. She followed him into the BP and gave him a ticket for "driving off road to pass traffic" and a $110 fine. Now, none of the businesses right there have a turning lane, and staying in the main road, and slamming on your breaks to make a turn right into any of those places would cause an accident. Now, I wasn't with him, but the only thing I can think of, was maybe you can dive on the shoulder when your about to turn, as long as you do not pass and entrance/exit to another place?? Bad thing is, those places have entrances/exits so close together, it makes it hard.

He said he wasn't about to sit there and argue with her, but I'm just wondering if it's worth going to court, or if he should just suck it up and pay :shrug:

How far back did he drive up the turning lane shoulder? Maybe its specified in feet, such as 50 feet before establishment or somethign :shrug: Sounds okay, but sometimes I've seen folks ride up that shoulder all the way up just to beat traffic. :shrug: Interesting to know what you find out.

 

[desertrat]

OK, this may sound like a stupid question, but I guess because I see this happen so much in this area, I guess my memory of the law has gotten fuzzy I've tried to look it up in the MVA handbooks online, but can't seem to find my answer.

Don't know how many of you are familiar with the intersection at 5 and Golden Beach Road, but on Saturdays the N. bound side always seems to get backed up a bit. My fiance was heading N., and was trying to turn into the BP. He said he pulled over onto the shoulder right infront of the McDonalds and was getting ready to make the turn, when a cop cut him off (almost causing an accident) and put on her lights. She followed him into the BP and gave him a ticket for "driving off road to pass traffic" and a $110 fine. Now, none of the businesses right there have a turning lane, and staying in the main road, and slamming on your breaks to make a turn right into any of those places would cause an accident. Now, I wasn't with him, but the only thing I can think of, was maybe you can dive on the shoulder when your about to turn, as long as you do not pass and entrance/exit to another place?? Bad thing is, those places have entrances/exits so close together, it makes it hard.

He said he wasn't about to sit there and argue with her, but I'm just wondering if it's worth going to court, or if he should just suck it up and pay :shrug:

I think I would have to go to court just to find out what the judge defines as "the road".

 

[toogie]

He said he wasn't about to sit there and argue with her, but I'm just wondering if it's worth going to court, or if he should just suck it up and pay :shrug:

Unfortunately for him, because he passed vehicles that were stopped at the light while he was driving on the shoulder, even if his purpose was to turn, he broke the law and will have to pay the fine regardless of going to court or not. Even though its something that happens all the time and everyone does it. I would suggest a petition of those who frequently drive that area and present the problem of no turn lanes to the county commisioners. Maybe in about 20 years, they will actually fix it.

 

[BernieP]

How far back did he drive up the turning lane shoulder? Maybe its specified in feet, such as 50 feet before establishment or somethign :shrug: Sounds okay, but sometimes I've seen folks ride up that shoulder all the way up just to beat traffic. :shrug: Interesting to know what you find out.

Technically if there is a solid white line you are not suppose to pass people on the right, be it 5 feet, 50 or 500.
Could be the distance, could be the deputy had a bug up their arse about something. Could be they had to write a ticket and your friend drew the lucky number

 

[AndyMarquisLIVE]

OK, this may sound like a stupid question, but I guess because I see this happen so much in this area, I guess my memory of the law has gotten fuzzy I've tried to look it up in the MVA handbooks online, but can't seem to find my answer.

Don't know how many of you are familiar with the intersection at 5 and Golden Beach Road, but on Saturdays the N. bound side always seems to get backed up a bit. My fiance was heading N., and was trying to turn into the BP. He said he pulled over onto the shoulder right infront of the McDonalds and was getting ready to make the turn, when a cop cut him off (almost causing an accident) and put on her lights. She followed him into the BP and gave him a ticket for "driving off road to pass traffic" and a $110 fine. Now, none of the businesses right there have a turning lane, and staying in the main road, and slamming on your breaks to make a turn right into any of those places would cause an accident. Now, I wasn't with him, but the only thing I can think of, was maybe you can dive on the shoulder when your about to turn, as long as you do not pass and entrance/exit to another place?? Bad thing is, those places have entrances/exits so close together, it makes it hard.

He said he wasn't about to sit there and argue with her, but I'm just wondering if it's worth going to court, or if he should just suck it up and pay :shrug:

That's perfectly legal.

No service lane. That means that was legal, or if it was illegal - BP should shut down because NOBODY can make that turn anywhere, regardless, thus getting gas there would be illegal.

Unfortanently, Maryland has a way of playing games with this kind of stuff.

 

[zimmie]

i saw that female cop carrying a case of sodas in the Food Lion an hour before the incident.

 

[desertrat]

Technically if there is a solid white line you are not suppose to pass people on the right, be it 5 feet, 50 or 500.
Could be the distance, could be the deputy had a bug up their arse about something. Could be they had to write a ticket and your friend drew the lucky number

This is straight from mayland state code.

21-304. When passing on right is permitted.

(a) In general.- Subject to the requirements of subsection (b) of this section, the driver of a vehicle may overtake and pass to the right of another vehicle only:

(1) If the overtaken vehicle is making or about to make a left turn;

(2) On a highway with unobstructed pavement not occupied by parked vehicles and wide enough for two or more lines of vehicles moving lawfully in the same direction as the overtaking vehicle; or

(3) On any one-way roadway, if the roadway is free from obstruction and wide enough for two or more lines of moving vehicles.

(b) Safe conditions required.- The driver of a vehicle may overtake and pass another vehicle to the right only if it is safe to do so.

(c) Driving off roadway.- The movement described under subsection (b) of this section may not be made by driving off the roadway.

 

[AndyMarquisLIVE]

This is straight from mayland state code.

Let me get this right, you had to turn right to go in?

If you drove up on it and just made a sudden right turn, that's far far more dangerous than turning soon.

I'd fight it.

 

[desertrat]

Also:
Definition of Roadway:
§ 11-151.
(a) "Roadway" means that part of a highway that is improved, designed, or ordinarily used for vehicular travel, other than the shoulder.

 

[toogie]

Also:
Definition of Roadway:
§ 11-151.
(a) "Roadway" means that part of a highway that is improved, designed, or ordinarily used for vehicular travel, other than the shoulder.

Right... So because he used the shoulder to pass vehicles that were stopped at the stoplight, it was not legal to do so.

 

[aps45819]

This is straight from mayland state code.

outside of the white line is not considered part of the roadway.

I'd go to court.
There's always a chance the cop won't show.

 

[AndyMarquisLIVE]

Right... So because he used the shoulder to pass vehicles that were stopped at the stoplight, it was not legal to do so.

The white line on the shoulder doesn't open for BP though?

It's illegal to drive in there if this all is the case.

 

[desertrat]

Right... So because he used the shoulder to pass vehicles that were stopped at the stoplight, it was not legal to do so.

I think so. Still wouldn't hurt to go plead his case. The judge may be in a good mood or the officer may not even show up.

 

[toogie]

The white line on the shoulder doesn't open for BP though?

It's illegal to drive in there if this all is the case.

Good point, however the way I read it was that he drove on the shoulder to pass cars waiting at the light until he got to the opening to the BP. Thats what he got nailed for, not for turning into the gas station.

 

[desertrat]

The white line on the shoulder doesn't open for BP though?

It's illegal to drive in there if this all is the case.

No, it doesn't say you can't cross over the shoulder, just not use it for passing.

 

[toogie]

I think so. Still wouldn't hurt to go plead his case. The judge may be in a good mood or the officer may not even show up.

His ONLY hope is that the cop doesnt show up, however that happens less frequently these days as the traffic court system tries to schedule all of a certain officer's cases on the same day to ensure they are available. Fines are just one more means of income for the state and local governments, so they do what they can to make certain they get paid.

Any judge MUST uphold the law as written, so no matter what mood he is in, he cant legislate from the bench. Besides, fines are another way their salaries get paid too...

 

[SoMDMama82]

This is straight from mayland state code.

Well that makes sense for most circumstances, but I think this is a little different. I can only imagine how many accidents would be in that area if everybody followed the law as it is written in your post. If each place made theirselves a turn lane, the whole right shoulder would pretty much be a bunch of turn lanes.

I think we will take it to court, if only to hear how the judge explains it. If we have to pay, we have to pay. I just didn't understand the ticket, thought you guys could help me out. Thanks for your opinions and info!

 

[willie]

This is an old question that made St. Mary's Lake famous.
http://forums.somd.com/showthread.php?t=26456&highlight=solid+white+line
He technically broke the law but since it doesn't appear to be a reckless or aggressive move, I'd bet the Judge would give him a break. I would definitely take a chance in court on this one.

 

[dems4me]

This is an old question that made St. Mary's Lake famous.
http://forums.somd.com/showthread.php?t=26456&highlight=solid+white+line
He technically broke the law but since it doesn't appear to be a reckless or aggressive move, I'd bet the Judge would give him a break. I would definitely take a chance in court on this one.

I agree. I wasn't aware you had to wait until the light turns green and vehicles moved in front of you before you could get in service lane to make a right into the BP, or even the 7/11 entrance up there for that matter. You are making a right hand turn, it has nothing to do with the vehicles going straight and whether they are stopped or not. It just all sounds silly. Hope the judge see's it the same way