Quick question for LEO about minor traffic ticket

[acrod]

I just wanted to the opinion of another LEO, on a traffic ticket I received. I have a clean record never been stopped for anything in my life. Well anyways, I was on a minor highway and it turns into a main street with traffic lights. There was heavy traffic and I needed to make a right turn onto another street. I was in the right lane, I specifically waited till the lane widened and the shoulder white line extended out. At the point I went to the right and drove down to make the right turn, where I was stopped by a cop in addition with like 5 other cars. He gave us all tickets for riding on the shoulder. I was polite and nicely stated I had waited till the lane extended into another lane, which he then proceeded to tell me I drove on the improved shoulder and I drove down it for about 1000ft ahead of the real turning lane. Now I had never heard of an improved shoulder before but I didn't argue. My question is how will this stand up in court? I mean I specifically waited for the lane to widen into another before I made the turn, granted there was no white line delineating the turn lane at the point I made the transition but I never knew it needed to be there. I thought once the lane widened into another it was fair game as a turning lane. It was clearly widened into another lane at that point. Here is a pic of what it looked like. Now I am stopped on the side of the road taking the picture but maybe 10 feet ahead of me is where I turned to the right, where the lane widens.

 

[acrod]

oh also forget to mention that the police office was set up in the background by the gas station near the trees.

 

[FordSVTFan]

Why would you argue about an "improved shoulder" when you state you never heard of it. There is such a thing as an improved shoulder, just as there is an unimproved shoulder. Regardless, you can't bypass traffic by driving on the shoulder.

 

[acrod]

That's what I said I didn't argue, I was not trying to imply that I would have argued with him, it was just additional information I decided to offer. I'm not trying to insult or discount the officer, he was very polite and so was I. And I know I can't drive on the shoulder to bypass traffic, in my estimation I was making a right turn, as stated in my post? I'm not asking whether there is such thing as an improved shoulder as I now know what it is, what I am asking is that area really an improved shoulder? You can't see very well in my pic but it turns into a turning lane. Granted ignorance of the law is no excuse but it looked like it was a lane already to me. If it was still obviously a shoulder, I wouldn't have even made the turn.

 

[SaleenFiend]

So, basically you didn't move into the turning lane until the markings allowed you to do so?

 

[acrod]

Basically, or so I thought. I actually decided to wait until the lane widened into another before I made the turn.

 

[Farmer-Ted]

*removed by moderator as the OP asked for LEOs*

 

[FordSVTFan]

I'm not asking whether there is such thing as an improved shoulder as I now know what it is, what I am asking is that area really an improved shoulder? You can't see very well in my pic but it turns into a turning lane. Granted ignorance of the law is no excuse but it looked like it was a lane already to me. If it was still obviously a shoulder, I wouldn't have even made the turn.

If you crossed that solid white line before it became a broken white line, you were on the improved shoulder of the road. That solid white line is the boundary of the usable roadway.

Go and explain it to the judge/magistrate. Take your pictures and present a cogent and articulate explanation. You might get lucky.

 

[acrod]

Thank you.

 

[Iceman II]

§ 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.