traffic citation question...

[Guest sigmaguy]

I got a ticket a couple weeks ago and I can't decide if i want to fight it or not. Here is the law that i was cited for being in violation of:

55-8-115. Driving on right side of roadway — Exceptions. —

(a) Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway, except as follows:

(1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;

(2) When the right half of a roadway is closed to traffic while under construction or repair;

(3) Upon a roadway divided into three (3) marked lanes for traffic under the applicable rules thereon; or

(4) Upon a roadway designated and signposted for one-way traffic.

( Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.

[Acts 1955, ch. 329, § 14; T.C.A., § 59-815.]

Michie's Legal Resources

This is what happened:

I was traveling wouth-bound on hwy 43 in Mt. Pleasant at the posted speed limit of 55mph. The hwy is a 4 lane divided hwy with turning provisions both left and right. I come up behind a local LEO who was traveling well under the speed limit, (approx 45mph) and proceded to pass him in the left lane. Once i passed hime i remained in the left lane for about a mile and this is when he decided to pull me over. I am failing to see on what grounds I violated this traffic law, as it is worded. I would just pay the fine if to save the hassle of getting a replacement at work on the court date, but the court costs are gonna be 3 times the cost of the violation. I feel ike i got raped in the pooper on this. Any thoughts or comments on the matter?

[LagerHead]

My advice would be to let it go and pay the fine. The officer obviously had a hair up his butt, or he wouldn't have wasted the time to pull you over on such an arcane law. But according to the wording you provided, you violated this part:

(a) Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway, except as follows:

(1)

When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;

If you were looking at that part, it might be considered "excessive" to stay in the left lane for a mile. I say who cares, but a judge is always going to side with the officer unless he was clearly either caught in a lie or in violation of the law. From what I can tell he wasn't in violation of the law and therefore has no reason to lie.

It's stupid and you should never have gotten a ticket for it (even though I am in agreement that you should drive in the right lane for the most part), but I'd bet a cheeseburger that if you fight, you lose. Just my $.02.

[Guest sgtrutledge]

Thats the wrong attitude to take if you think he was wrong go to court. To many ppl just let things go now a days and don't fight for what they think is right. I would think if what you said was what happened I doubt the Officer even shows up to court.

[Guest sigmaguy]

My advice would be to let it go and pay the fine. The officer obviously had a hair up his butt, or he wouldn't have wasted the time to pull you over on such an arcane law. But according to the wording you provided, you violated this part:

(a) Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway, except as follows:

I'd bet a cheeseburger that if you fight, you lose. Just my $.02.

I see your reasoning for this, but i was techically driving on the right half on the roadway seeing that the actual highway's centerline is in the median.

Part A descrides conditions for a roadway with only two lanes designated for traffic, based on the wording and exceptions. Part be is written for slow moving traffic based on the verbage used.

I agree that i would probly lose also, and will pass on the cheeseburger bet. This $50 fine is gonna cost $200 which is .

[Motasyco]

I'm no expert on Tennessee traffic laws but in some states passing on the right on a limited access highway is a violation. Drive on the right, pass on the left. I was happy to see that signs have been posted in Tennessee over the past couple of years that say something to the effect of "Slower traffic keep right" or "Keep right except to pass". Left lane cruisers really screw up the flow of traffic.

Now my rant.

A person may wonder, why was the LEO crusing in the left lane? Especially at a reduced speed. I couldn't venture a guess. It's not unusual, where I live, to see LEOs making turns without signaling or sweeping to the far lane when turning instead of turning into the near lane as is the proper and safe way to turn. But most everyone around here drives that way. Perhaps it's a case of "if you can't beat em, join em"? Maybe I'm wrong to expect a higher standard from a LEO.

I intend no LEO bashing, just driver bashing in general. Traffic rules are commonly ignored by most drivers if judging by my observations.

Rant complete.

Yes, I'm anal about safe driving. Riding motorcycles can make you that way. The other guy can be very dangerous and I have the scars and metal parts in my body to prove it.

[Guest db99wj]

I don't think so, unless somewhere else the talk of a 4 lane divided highway.

The law mentions three lane road, and one lane road, and roadways of sufficient width which indicated to me a 2 lane road.

I could be wrong, but there is no mention of a 4 lane road, and it being the law to drive in the right hand lane, except when passing. There are no posted signs to that affect, there are signs that slower traffic keep to the right or something like that.

I'm not a lawyer nor a traffic law expert.

[Guest sigmaguy]

I'm no expert on Tennessee traffic laws but in some states passing on the right on a limited access highway is a violation. Drive on the right, pass on the left. I was happy to see that signs have been posted in Tennessee over the past couple of years that say something to the effect of "Slower traffic keep right" or "Keep right except to pass". Left lane cruisers really screw up the flow of traffic.

Now my rant.

A person may wonder, why was the LEO crusing in the left lane? Especially at a reduced speed. I couldn't venture a guess. It's not unusual, where I live, to see LEOs making turns without signaling or sweeping to the far lane when turning instead of turning into the near lane as is the proper and safe way to turn. But most everyone around here drives that way. Perhaps it's a case of "if you can't beat em, join em"? Maybe I'm wrong to expect a higher standard from a LEO.

I intend no LEO bashing, just driver bashing in general. Traffic rules are commonly ignored by most drivers if judging by my observations.

Rant complete.

Yes, I'm anal about safe driving. Riding motorcycles can make you that way. The other guy can be very dangerous and I have the scars and metal parts in my body to prove it.

he was not in the left lane. actually never got into the left lane. he just cut his lights on as if he had gotten a call, then pulled up beside me and motioned me to pull over.

[Guest db99wj]

I'm no expert on Tennessee traffic laws but in some states passing on the right on a limited access highway is a violation. Drive on the right, pass on the left. I was happy to see that signs have been posted in Tennessee over the past couple of years that say something to the effect of "Slower traffic keep right" or "Keep right except to pass". Left lane cruisers really screw up the flow of traffic.

Now my rant.

A person may wonder, why was the LEO crusing in the left lane? Especially at a reduced speed. I couldn't venture a guess. It's not unusual, where I live, to see LEOs making turns without signaling or sweeping to the far lane when turning instead of turning into the near lane as is the proper and safe way to turn. But most everyone around here drives that way. Perhaps it's a case of "if you can't beat em, join em"? Maybe I'm wrong to expect a higher standard from a LEO.

I intend no LEO bashing, just driver bashing in general. Traffic rules are commonly ignored by most drivers if judging by my observations.

Rant complete.

Yes, I'm anal about safe driving. Riding motorcycles can make you that way. The other guy can be very dangerous and I have the scars and metal parts in my body to prove it.

In this case the LEO was in the right hand lane, going slower than speed limit, and the OP passed on the left, he got pulled over for staying in the right lane too long (a mile which at 55mph, isn't that long or far.)

This has nothing to do with the motorcycle part or the general driving skills of the public, I agree with all that.

[Motasyco]

he was not in the left lane. actually never got into the left lane. he just cut his lights on as if he had gotten a call, then pulled up beside me and motioned me to pull over.

Reread and understood. He must have been having a bad day and didn't want to be alone.

[Motasyco]

Even though served in the military, I still screw up that left and right thing.

[Guest db99wj]

Even though served in the military, I still screw up that left and right thing.

YOUR OTHER LEFT!!!!!!!!

[Motasyco]

YOUR OTHER LEFT!!!!!!!!

If I had a dollar for every time I heard that!

[alwayspackin]

You yourself said you stayed in the lane for about a mile. After you passed him you should have returned to the right lane. If you take it to court you will loose. And also have to pay court cost plus your ticket. Sorry, but the law is what it is!

[LagerHead]

I see your reasoning for this, but i was techically driving on the right half on the roadway seeing that the actual highway's centerline is in the median.

Part A descrides conditions for a roadway with only two lanes designated for traffic, based on the wording and exceptions. Part be is written for slow moving traffic based on the verbage used.

I agree that i would probly lose also, and will pass on the cheeseburger bet. This $50 fine is gonna cost $200 which is .

Actually, after rereading this part and seeing the part about the right half of the lane, I might reconsider. Though I will stand by my cheeseburger bet, there is just enough ambiguity in the wording of this statute that you may be entitled to the aforementioned ground beef dinner. But remember, don't climb the hill if you're not willing to die on it. In other words, if you're not willing to pay the fine AND the court costs, pay the fine and live to fight another day.

Either way, if I owe you a cheeseburger, let me know.

[Guest sigmaguy]

You yourself said you stayed in the lane for about a mile. After you passed him you should have returned to the right lane. If you take it to court you will loose. And also have to pay court cost plus your ticket. Sorry, but the law is what it is!

Could you please elaborate the part of this law I was in violation of? It is not clear under the circumstances in which the event occured. They are trying to charge me court costs anyways so just mailing it in is the part that is really bugging me. Seeing that you are an LEO, can you explain the grounds for which I violated this law. Not to be disrespectful, but I garuntee that you can't. Every officer i've talked to wasn't even aware the law existed.

[Guest db99wj]

You yourself said you stayed in the lane for about a mile. After you passed him you should have returned to the right lane. If you take it to court you will loose. And also have to pay court cost plus your ticket. Sorry, but the law is what it is!

Remember this is a 4 lane road, the law posted above doesn't mention a 4 lane but does specifically mention, one way, two lane, and three lane roads.

I might be wrong, but that law above doesn't mention it. Is a 4-lane divided highway mentioned anywhere else?

Also, speed limit was 55mph, OP stated he was in that lane for a mile, which means, he was in the left lane for a few seconds over a minute. That doesn't seem excessive.

[Guest slothful1]

(a) Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway, except as follows:

At first I thought your argument that you were driving on the "right half" wouldn't fly since they'd probably define "roadway" as just the contiguous paved lanes, not the highway as a whole -- i.e., your "roadway" was just the southbound lanes with the northbound lanes constituting a separate roadway.

BUT they have to define "roadway" consistently, which in this case would mean you were covered by this exception:

(4) Upon a roadway designated and signposted for one-way traffic.

So I don't think you broke the law. Edited August 10, 2009 by slothful1
bad block quote

[Photoguy67]

I believe there is a law that on all state highways, you must remain right except to pass. I agree he was probably being a bit anal about it, but the law does exist and stands.

[oldogy]

Oh my, how the passage of time and stupid laws change things. Many years ago I read an article written by a traffic engineer who stated that since the right hand lane of four lane highways wear out faster due to more traffic, a person would do well to drive in the left lane so as both same direction lanes would wear out and require resurfacing at the same time, thus saving money. My guess is the LEO was only generating revenue.

oldogy

I am currently in OH and one of the roads I travel daily is so worn out in the right lane it will beat a vehicle badly.. I and most folks here drive in the left lane. Only the heavy trucks use the right lane.

Edited August 11, 2009 by oldogy

[Louisb]

Podunk towns (Spring Hill used to be one of the worst and may return to this now) use tickets to supplement property taxes.

Remember that cops do NOT have ticket quotas, they can write as many as they want to and for anything that fits "in the books".

[Guest 3pugguy]

I got a ticket a couple weeks ago and I can't decide if i want to fight it or not. Here is the law that i was cited for being in violation of:

55-8-115. Driving on right side of roadway — Exceptions. —

(a) Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway, except as follows:

(1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;

(2) When the right half of a roadway is closed to traffic while under construction or repair;

(3) Upon a roadway divided into three (3) marked lanes for traffic under the applicable rules thereon; or

(4) Upon a roadway designated and signposted for one-way traffic.

( Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.

[Acts 1955, ch. 329, § 14; T.C.A., § 59-815.]

Michie's Legal Resources

This is what happened:

I was traveling wouth-bound on hwy 43 in Mt. Pleasant at the posted speed limit of 55mph. The hwy is a 4 lane divided hwy with turning provisions both left and right. I come up behind a local LEO who was traveling well under the speed limit, (approx 45mph) and proceded to pass him in the left lane. Once i passed hime i remained in the left lane for about a mile and this is when he decided to pull me over. I am failing to see on what grounds I violated this traffic law, as it is worded. I would just pay the fine if to save the hassle of getting a replacement at work on the court date, but the court costs are gonna be 3 times the cost of the violation. I feel ike i got raped in the pooper on this. Any thoughts or comments on the matter?

After reading thru your posts and the responses, I would say bite the bullet, pay the ticket, and live to fight another day.

Unless - you have the time and money to risk going to court (provided you did not win, then it's the time).