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Q: Driving on the shoulder in California ( No Answer,   4 Comments )
Question  
Subject: Driving on the shoulder in California
Category: Relationships and Society > Law
Asked by: cadriver-ga
List Price: $10.00
Posted: 31 May 2005 20:40 PDT
Expires: 30 Jun 2005 20:40 PDT
Question ID: 527976
I was cited for passing on the shoulder of the freeway in California.
The facts are, however, that I was not passing. I have just come up
ramp and could not enter the traffic becuase there was a traffic jam.
And, there was another ramp very close. So, without the entering the
freeway traffic I was going to take another ramp. So, from one ramp to
another ramp without entering the freeway traffic. That involved
driving on the shoulder. Is it really a traffic vialoations? If there
is, it sure is very unfair. Once again, I was not passing, the
shoulder was paved and I have never entered the freeway.
Answer  
There is no answer at this time.

Comments  
Subject: Re: Driving on the shoulder in California
From: fishinca-ga on 31 May 2005 20:52 PDT
 
Yes its a traffic violation.  Unless you have an emergency, you
shouldn't be on the shoulder.  If you couldn't enter the freeway, you
should have stopped and waited for an opening.  Unlikely the judge
will favor you on this one.  Could be worth a shot fighting it.
Subject: Re: Driving on the shoulder in California
From: cadriver-ga on 31 May 2005 20:59 PDT
 
What is the emergency? I think the "emergency" applies on if you are
initially on the freeway. I, however, never entered the freeway. Also,
there was a construction work recently which gave me a confusion that
I can drive in the lane I was driving and be clear. It appeared that I
should have waited and entered the busy lane and then exit from it.
Well, I have not entered and drivers would not let me. Why my driving
is a vialotion if I removed myself from traffic? I think it is very
unfair!
Subject: Re: Driving on the shoulder in California
From: cadriver-ga on 31 May 2005 21:26 PDT
 
I want to add one thing here. I would want very much to promote to
vote NO on increasing taxes and pay more to policemen in LA, CA. This
concerns traffic policemen only. I think they are doing very bad job
by citing people unjust. And, I would not pay to LA traffic policemen
a cent from my pocket! I know I have to but increasing taxes? That is
an Absurd! Also, there should be a law that states if a traffic
policeman is citing one person then he can not cite another person at
the same time! This policeman of mine was not just watching then he
citied me. Why am I paying taxes???
Subject: Re: Driving on the shoulder in California
From: hummer-ga on 01 Jun 2005 05:33 PDT
 
Hi cadriver,

The area of the road you describe is the "auxiliary lane" and not the
"shoulder" (it's for merging and not for emergencies). Ofcourse, alot
depends on how far you travelled on the auxiliary lane before reaching
the exit ramp and your speed, but you may have a case.

"An auxiliary lane along a  highway [A major road for any form of
motor transport] or  motorway [A broad highway designed for high-speed
traffic] connects slip roads, with the entrance ramp [An inclined
surface or roadway that moves traffic from one level to another] or
acceleration lane from one interchange [Mutual interaction; the
activity of interchanging or reciprocating]  leading to the exit ramp
or deceleration lane of the next."
http://www.absoluteastronomy.com/encyclopedia/l/la/lane.htm

"The project includes extending carpool lanes farther into Placer
County and adding auxiliary lanes, which are essentially lanes that
are extensions of onramps and offramps. With auxiliary lanes, you can
get up to freeway speed and merge in so you're not slowing down
traffic. It just helps the (highway) operate better."
http://www.sacbee.com/content/politics/local_government/story/12813428p-13663673c.html

Good luck,
hummer

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