Jury duty day 2

So you got picked? Congratulations!

GUILTY

Corkscrews, huh?

Corkscrew is by far the best BBQ in MoCo. Best I've had in this whole area actually (I've yet to try Virgie's). It's in my Top 10 for now.

I rarely say this, but don't forget to try the pulled pork when you're there.

I may go for lunch once school gets out. You want to go as my food advisor?

I'd love to. Just give me a heads up.

Safely merged to the improved shoulder on 105, passed a cop stopped at the red light, and proceeded to make a right turn as the light turned green.

He flashed on his lights and told me what I did was illegal. He gave me a warning for "Driving on improved shoulder when prohibited."

I didnt fight too hard since it was just a warning but what I did was not illegal.

Thoughts?

need photos. link to google maps.

Accurate rendering of the scene done in MS paint.

What factors are you concerned about? This is an easy case

That's what the bad attorney always told Matlock too.

I need to see if there were any bikes near by that would cause the shoulder to be declared a bike lane, even temporarily, in which you would not be allowed to merge right to turn right, because it would be too safe.

Also, time of day, weather, and IRS tax return form will play a major factor into my decision.

I'm not as proficient in MS paint as Matlock was.

quote:

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Safely merged to the improved shoulder on 105, passed a cop stopped at the red light, and proceeded to make a right turn as the light turned green.

He flashed on his lights and told me what I did was illegal. He gave me a warning for "Driving on improved shoulder when prohibited."

I didnt fight too hard since it was just a warning but what I did was not illegal.

Thoughts?

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What section? By the high school?

I recently paved that...

Oh cool.

No, it was out toward the lake. For the sake of discussion, I will say that it was an intersection very much like this one:



My car is the blue one, the path is signaled in blue. The officer's car is marked in red. Other cars are Gray.


EDIT: Replaced map with screenshot.

[This message has been edited by CDub06 (edited 5/31/2013 11:06a).]

Yeah that's strange, they just opened that improved shoulder like 2-4 months ago. Thats weird, was it DPS or CPD?

Side note, I built/paved 3083 between I45 & 105 in 2004. Love that cut through!

It was DPS. And this was not the exact intersection, but in this picture, it is setup the same. Just didn't want to post driving directions to my house.

I utilize that cut through just about every day though.

EDIT: The intersection pictured is different now, but at the time this screenshot was taken it very closely resembles the intersection in question. Forget what you know about that intersection now and just go off of what is pictured.

[This message has been edited by CDub06 (edited 5/31/2013 11:11a).]

quote:

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It was DPS. And this was not the exact intersection, but it is setup the same. Just didn't want to post driving directions to my house.

I utilize that cut through just about every day though.

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I already know where you live, don't stress it braj!

Sounds like you need to read Bob Loblaw's law blog.

So what is the decision? I say cdub is right, but will still get a ticket.

Thus, GUILTY.

That's not how it works.

Ahem. Let me make my case.

The officer stopped me after I decelerated and safely merged to the improved shoulder. Once in the shoulder, I passed 4 stopped cars as I continued to decelerate, preparing to stop at the red light. Before I arrived at the intersection, the light turned green and I made my right turn.

Nothing I did was illegal and I am justified by the law. The officer claimed I drove "on an improved shoulder when prohibited" but this charge is complete malarky.

The only defense I need is the law.

The officer verbally stated that the shoulder could only be used to "Stop or Park." If he had read Chapter 545 of the Transportation code further, he would see that there are many reasons to use the shoulder.

quote:

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Sec. 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, or 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.

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That or is important because it requires you use the shoulder for one of the reasons listed above, not all of them. You will actually see 545.058(a)(3) condones the use specifically for making right turns. This is important for multiple reasons that I will discuss.

However, let's just look at 545.058(a)(4) for now.

quote:

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§ 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:
(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;

---

In accordance with this code, I drove defensively and safely and found it necessary to drive in the approved shoulder to pass a vehicle that was stopped on the main portion of the highway, as the statute allows.

Furthermore, the law requires vehicles turning right to approach the intersection in the same manner I did.

quote:

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545.101. TURNING AT INTERSECTION. (a) To make a right turn at an intersection, an operator shall make both the approach and the turn as closely as practicable to the right-hand curb or edge of the roadway.

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In accordance with this statute, I merged to the right to turn right. This is required as a safety precaution to other drivers, pedestrians and cyclists. Since the lane was blocked, I found it necessary to merge to the right earlier than I typically would but there is no requirement for when you must merge to the right, so that requires the driver to behave reasonably, which I believe I did. If I had waited until the traffic started moving to merge right, I would have slowed and impeded traffic myself, creating a hazard for approaching traffic as well as any pedestrians or cyclists in the shoulder.

While merging to the right is very important for the safety of yourself and approaching drivers, it may be even more important for the safety of cyclists. Since cyclists are instructed to use the shoulder, you do not want to turn from the right lane, cut across the shoulder and into the bike path. Merging safely to the right before any right turn, maintains the safety of the cyclists that share our roads. In fact, this behavior is once again stressed in the Texas Driver's Handbook:

quote:

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Motorists should merge with bicycle traffic when preparing for a right hand-turn. Avoid turning directly across the path of bicycle traffic.

---

This image very simply demonstrates the dangers of not obeying this rule:


So that leaves the question as to why the officer would declare I was driving "on an improved shoulder when prohibited." Well, it is obvious that he does not know the specifics of the law. There are many behaviors that the shoulder cannot be used for, including passing traffic when you do not intend to make a right turn and re-entering the flow of traffic or driving in the wrong direction or when there is a sign that specifically prohibits driving in the shoulder. And while vigilance by the law is important to deter these dangerous behaviors, it should not be used to harass drivers that are operating their vehicles in a safe manner in accordance with the law. Safe behaviors should be encouraged because the road is a dangerous place as it is.

quote:

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Ahem. Let me make my case.

The officer stopped me after I decelerated and safely merged to the improved shoulder. Once in the shoulder, I passed 4 stopped cars as I continued to decelerate, preparing to stop at the red light. Before I arrived at the intersection, the light turned green and I made my right turn.

Nothing I did was illegal and I am justified by the law. The officer claimed I drove "on an improved shoulder when prohibited" but this charge is complete malarky.

The only defense I need is the law.

The officer verbally stated that the shoulder could only be used to "Stop or Park." If he had read Chapter 545 of the Transportation code further, he would see that there are many reasons to use the shoulder.

quote:

---

Sec. 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, or 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.

---

That or is important because it requires you use the shoulder for one of the reasons listed above, not all of them. You will actually see 545.058(a)(3) condones the use specifically for making right turns. This is important for multiple reasons that I will discuss.

However, let's just look at 545.058(a)(4) for now.

quote:

---

§ 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:
(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;

---

In accordance with this code, I drove defensively and safely and found it necessary to drive in the approved shoulder to pass a vehicle that was stopped on the main portion of the highway, as the statute allows.

Furthermore, the law requires vehicles turning right to approach the intersection in the same manner I did.

quote:

---

545.101. TURNING AT INTERSECTION. (a) To make a right turn at an intersection, an operator shall make both the approach and the turn as closely as practicable to the right-hand curb or edge of the roadway.

---

In accordance with this statute, I merged to the right to turn right. This is required as a safety precaution to other drivers, pedestrians and cyclists. Since the lane was blocked, I found it necessary to merge to the right earlier than I typically would but there is no requirement for when you must merge to the right, so that requires the driver to behave reasonably, which I believe I did. If I had waited until the traffic started moving to merge right, I would have slowed and impeded traffic myself, creating a hazard for approaching traffic as well as any pedestrians or cyclists in the shoulder.

While merging to the right is very important for the safety of yourself and approaching drivers, it may be even more important for the safety of cyclists. Since cyclists are instructed to use the shoulder, you do not want to turn from the right lane, cut across the shoulder and into the bike path. Merging safely to the right before any right turn, maintains the safety of the cyclists that share our roads. In fact, this behavior is once again stressed in the Texas Driver's Handbook:

quote:

---

Motorists should merge with bicycle traffic when preparing for a right hand-turn. Avoid turning directly across the path of bicycle traffic.

---

This image very simply demonstrates the dangers of not obeying this rule:


So that leaves the question as to why the officer would declare I was driving "on an improved shoulder when prohibited." Well, it is obvious that he does not know the specifics of the law. There are many behaviors that the shoulder cannot be used for, including passing traffic when you do not intend to make a right turn and re-entering the flow of traffic or driving in the wrong direction or when there is a sign that specifically prohibits driving in the shoulder. And while vigilance by the law is important to deter these dangerous behaviors, it should not be used to harass drivers that are operating their vehicles in a safe manner in accordance with the law. Safe behaviors should be encouraged because the road is a dangerous place as it is.

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Whoa, you win.

tl: dr: you win

[This message has been edited by jeffk (edited 6/5/2013 9:51a).]

Who's the real victim in this? Who is the one truly wronged? Whose hand didn't fit so the jury did acquit? Was man created for the Sabbath or the Sabbath for man? And where was Colonel Mustard?

Answer these questions, for the jury has remains out.

Guilty!

The jury can't ask questions. You're bad at court.

You will still pry get a ticket, so bookmark this thread and submit it as evidence in The People vs CDub06. I'm a people person, so go The People!

quote:

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The jury can't ask questions. You're bad at court.

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In some states, juries can submit questions.

Are you suggesting a change of venue?

quote:

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Are you suggesting a change of venue?

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Take it to South County!

Are those coordinates in your profile correct? That's bold.

quote:

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Are those coordinates in your profile correct? That's bold.

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Not to my residence, but to the city im 5th generation of, yes!

I took those coordinates directly from the Conroe, TX Wikipedia page...

Ah, that makes sense. Thought you might just live in the heart of the city.

Conroe is the 10th fastest growing large city in the nation. It's changed a lot since I moved here about 7 years ago. I imagine it's a different world from where you grew up.