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how to beat driving on the shoulder ticket with kids in the car..

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Old 08-20-2006, 04:07 PM
  #1  
kaybee650
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Default how to beat driving on the shoulder ticket with kids in the car..

well i did get pulled over about 3 months ago in my jeep grand cherokee driving to san francisco. there was traffic yes.... and my daughter has asthma and is only 13 months old. so i pull over passing cars on my left hand side to get closer to the right. i was only driving ten mph on the shoulder and than there was a cop on one of the lanes and i pass him up and stop. he pulls behind me and he asked me why i am driving on the shoulder. i told him my daughter was coughing hard and i had to give her an inhaler. he asked me if it was a medical emergency where she has to be driven to the hospital. I said no. but it was enough for me to find a safe place on the side to administor the asthma inhaler. he still wrote me up for driving on the shoulder. what a ***** he was. thats my story to the judge. plus i do have carpool. what a jerk *** cop... sorry for the long story. but would you believe my story if you were the judge?

Last edited by kaybee650; 08-20-2006 at 07:52 PM.
Old 08-20-2006, 05:06 PM
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brigz
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that cop sounds like he has a stick up his ***. If i were the judge i would believe it, but then i dont think youll get away without paying a price. Youll likely get a lowered fee.
Old 08-20-2006, 05:27 PM
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2004z
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Does your daughter have a prescription for the asthma inhaler? If so, show that to the judge.
Old 08-20-2006, 05:58 PM
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Nitrouz
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don't know if you're guilty or not...how far were you actually ON the shoulder? I would understand if you just pulled off onto the shoulder and stopped right away, but if you were actually DRIVING on the shoulder...I think that's illegal either way...

Good luck either way man. Hope your daughter was alright.
Old 08-20-2006, 07:06 PM
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onebadfyvo
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I see something wrong if you kept driving (even at 10 mph) and coninued to pass cars. If it was an emergency, pull to the right and stop and do what you need to do ASAP.
Old 08-20-2006, 07:10 PM
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kaybee650
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the only thing i was worried about was other vehicles and enough space for me to get out and administor the medicine safely and properly... plus i do have a prescription for her. i just cant afford to get another point also. every other car i drive i get tickets in except for my 350z.... i havent even got pulled over in it. it maybe just my luck.
Old 08-20-2006, 07:13 PM
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kaybee650
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also we had an xray done on my daughter. the reason she was acting the way she did was because she has flem in one of her lungs. so was recently treated for it with antibiotics.
Old 08-20-2006, 08:02 PM
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Shift33
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Bring it to the judge and say for safety reasons, you needed to drive on the shoulder to a spot where there was enough room. Claim that it'd be tragic if someone swiped you so you had no choice. Plus at the time it wasn't an emergency to drive to the hospital, BUT if you didn't get that inhaler to her, it could have been. I would think that you'd get it dismissed.
Old 08-20-2006, 08:06 PM
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kaybee650
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thanks shift,well the truth is still the truth... i have all medical records also.
Old 08-20-2006, 08:10 PM
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zz350zz
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.....if you were only going 10 mph on the shoulder and passing the traffic....I think the traffic is going slow enough so you could've stopped immediately and still be safe.

I'd give you a ticket.
Old 08-20-2006, 11:18 PM
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TTRANK
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I would have to say you are guilty as far as the law goes. Now the judge might let you off due to your circumstances but it does not change what you did is illegal.
Old 08-21-2006, 01:13 PM
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Bananax
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If I were the judge, I would not believe that. You should've stopped immediately and given her an inhaler. If there were no traffic jam, I would have bought your story, but then again, if so, you wouldn've received the ticket from the first place.
Old 08-27-2006, 10:51 AM
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barthelb
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Since you said that you have other points, your whole driving record may be viewed if you decide to fight the ticket. So with your "record" it may or may not work, especially if there was traffic. I don't think the traffic was moving fast enough for you to have found a safe spot. Is that violation even a moving violation resulting in points. I don't think so, but i don't know for sure.
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