Traffic ticket question for LEO's.

[Napalm Bulldog]

Yesterday I was merging onto the 710 fwy from the 405. Another motorist and I started to merge left when a Container truck cut into the lane from our left as we were merging in. I guess an easier way is to say the big rig came from the number three lane to the number four. When he cut over me and the pick up truck had to swerve back to the right to avoid being hit. This caused myself and the pick up in front of me to be on the shoulder. We both stopped and wound up being on the side of another container hauler that was infront of where we just came out of. This happened at 4:45pm and there was lots of traffic. Infront of the truck we were parked next to was about three car lengths of space. So the pick up infront of me and I drove up to the opening and merged Back into traffic. We only did this after trying to merge back into traffic in between the truck that forced us out and the big rig infront of him. Well you guessed it the container driver would not yield to let us in.

After we pulled back into the lane a CHP officer walked onto the freeway stopping traffic and told us both to pull to the shoulder. After waiting for him to finish the ticket he was writing to the first car, He came to my vehicle and asked if I knew why he pulled me over? I said not really. The officer told me because I was driving on the shoulder. I explained what had happened and he replied I cannot write a ticket for the motorist in front then not write you one. The officer says that is not ok to drive on the shoulder period. Tottal distance I traveled was approx 25 feet to merge back into traffic. I have a class A and one of the question we had was if you have to pull to the shoulder in an emergency. the answer being-You must come to a complete stop than safely accelerate to merger back into traffic when clear. We did.

So my question is would this be worth challenging in court? I was not trying to drive down the shoulder just to do it. I am not going to officer bash either because I can see his point. He was writing a ticket and did not see the (why) As to why we were driving on the shoulder. His take was we put him in jeopardy by driving down the shoulder. Just to clarify we never got within 200 ft of him before we were back in a lane.

[cruising7388]

Yesterday I was merging onto the 710 fwy from the 405. Another motorist and I started to merge left when a Container truck cut into the lane from our left as we were merging in. I guess an easier way is to say the big rig came from the number three lane to the number four. When he cut over me and the pick up truck had to swerve back to the right to avoid being hit. This caused myself and the pick up in front of me to be on the shoulder. We both stopped and wound up being on the side of another container hauler that was infront of where we just came out of. This happened at 4:45pm and there was lots of traffic. Infront of the truck we were parked next to was about three car lengths of space. So the pick up infront of me and I drove up to the opening and merged Back into traffic. We only did this after trying to merge back into traffic in between the truck that forced us out and the big rig infront of him. Well you guessed it the container driver would not yield to let us in.

After we pulled back into the lane a CHP officer walked onto the freeway stopping traffic and told us both to pull to the shoulder. After waiting for him to finish the ticket he was writing to the first car, He came to my vehicle and asked if I knew why he pulled me over? I said not really. The officer told me because I was driving on the shoulder. I explained what had happened and he replied I cannot write a ticket for the motorist in front then not write you one. The officer says that is not ok to drive on the shoulder period. Tottal distance I traveled was approx 25 feet to merge back into traffic. I have a class A and one of the question we had was if you have to pull to the shoulder in an emergency. the answer being-You must come to a complete stop than safely accelerate to merger back into traffic when clear. We did.

So my question is would this be worth challenging in court? I was not trying to drive down the shoulder just to do it. I am not going to officer bash either because I can see his point. He was writing a ticket and did not see the (why) As to why we were driving on the shoulder. His take was we put him in jeopardy by driving down the shoulder. Just to clarify we never got within 200 ft of him before we were back in a lane.

Traffic judges/commisioners/referees are not typically going to rule in your favor when you are disputing the accuracy of facts recited by a LEO. But you are not questioning what you did - you are describing the necessity for doing it for safety purposes for both yourself and other drivers.

So, I would contest the citation and would provide the following at the hearing:

1. A detailed drawing(s) of the sequential positions of your (and the other) vehicle(s) for the entire incident + testimony that your use of the shoulder was not for gaining any advantage in traffic but to avoid a collision with an 18 wheeler while completing a merge.

2. Testimony that the officer was unable to view the circumstances that required your use of the shoulder for safety purposes, because his attention was directed to issuing a citation to a vehicle he stopped.

BTW, did he cite only you or both of you that were shoved onto the shoulder?

[Napalm Bulldog]

Traffic judges/commisioners/referees are not typically going to rule in your favor when you are disputing the accuracy of facts recited by a LEO. But you are not questioning what you did - you are describing the necessity for doing it for safety purposes for both yourself and other drivers.

So, I would contest the citation and would provide the following at the hearing:

1. A detailed drawing(s) of the sequential positions of your (and the other) vehicle(s) for the entire incident + testimony that your use of the shoulder was not for gaining any advantage in traffic but to avoid a collision with an 18 wheeler while completing a merge.

2. Testimony that the officer was unable to view the circumstances that required your use of the shoulder for safety purposes, because his attention was directed to issuing a citation to a vehicle he stopped.

BTW, did he cite only you or both of you that were shoved onto the shoulder?

He cited both of us. I was the last one he cited.

[NOTARPilot]

Fight it....Make sure you present your case in a well thought out and calm professional mannor leaving all ill emotion outside the courtroom. Also, when given the chance to question the officer, ask if he witnessed what caused you to be on the shoulder (truck cutting you off) etc. I'm guessing he didn't see that part and just thought you were trying to drive around traffic. Also....dress professionally when in court. Slacks and a tie at minimum.

[760knox]

If you fight it, have all of your facts!!! CHP always goes to court! they get time and a half or double I think? Just be ready!!!

[Steveo8]

Also see if you can get the other driver's info and have him/her appear in court at the same to to collaborate the events that occurred.

[BigDogatPlay]

If you went onto the shoulder to avoid a collision, and necessarily had to drive on the shoulder to merge back into traffic, then that would seem to me to be acceptable under the spirit of the law. My guess is that the officer did not see the near collision, but only saw you and the other guy driving on the shoulder, hence you got cited.

It's probably worth going to court, particularly if you can locate the other guy who was cited, assuming he can corroborate your story.