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Old 02-02-2012, 08:30 PM
 
7 posts, read 14,083 times
Reputation: 13

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* Received a ticket during rush hour traffic, for passing in a no passing zone (That's what the ticket says) (Officer wrote passing on the right). There is a road US 90 & Hunt Lane (Google Satellite Map) between the hours of 7:30 - 7:45 am in the morning that gets really backed up, so cars automatically make the lane a two lane road, one that goes to the right (up on the jughandle), the other lane stays straight that goes to a 3 way intersection, even though it's technically a very wide one lane road. The officer pulls me and 3 other cars over for the mentioned violation. We (3 cars in front of me) were going straight to the intersection. Mind you, there are no signs posted about no passing zone. In my little bit of research, the word pass or passing in the Texas Transportation Code
TITLE 7. VEHICLES AND TRAFFIC
SUBTITLE C. RULES OF THE ROAD
CHAPTER 545. OPERATION AND MOVEMENT OF VEHICLES
SUBCHAPTER A. GENERAL PROVISIONS
means to overtake and proceed past another vehicle moving in the same direction as the passing vehicle or to attempt that maneuver.

Already plead not guilty, now waiting court date. What do you think my chances are for getting this dismissed?
Attached Thumbnails
Passing In A No Passing Zone Traffic Ticket at US 90 & Hunt Lane-us-90-hunt-lane.png  

Last edited by toolleather; 02-02-2012 at 08:41 PM..
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Old 02-02-2012, 08:48 PM
 
2,988 posts, read 4,881,297 times
Reputation: 1591
You can only pass on the right if there is a divided lane between you and the vehicle you are passing on the right.

Don't know what your chances are at getting it dismissed, but if you were not in a separately marked lane to the right of the vehicle you were passing, I'd say you have an uphill battle.
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Old 02-02-2012, 08:51 PM
 
7 posts, read 14,083 times
Reputation: 13
I didn't pass on the right, I was on the left side of the lane going straight.
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Old 02-02-2012, 09:16 PM
 
1,003 posts, read 1,165,556 times
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People often turn a one lane road into a two lane road...there is a reason why it is illegal. I cant draw pictures here, but it causes a lot of problems....for starters, the guy you are passing may very well (and legally so) be expecting to have the entire lane to himself. It causes the most problems at stops. Someone wants to turn right but is on the left side of the lane...and legally it is a one lane(all his). Someone pulls up to the inside on the right. Now imagine the person on the left side is a large truck with a trailer....and el dorko pulls to the inside.

I could go on and on but I think people can build a picture in their mind of all the problems that can happen when *you* want it to be two lanes but others are not playing that game and they are right.

While we can argue what rules of the road we should have, in general, we should all have the same ones. Change is the most dangerous thing on the road.
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Old 02-02-2012, 10:51 PM
 
Location: New Braunfels, TX
5,937 posts, read 8,500,331 times
Reputation: 5751
I doubt very seriously that you'll get it dismissed. It's a single lane road - no matter what you might think it should be, it's single lane - and you were passing.
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Old 02-03-2012, 05:58 AM
 
Location: San Antonio, TX
10,860 posts, read 18,892,348 times
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They sit right there in morning and ticket everyone who's doing what you did. Sometimes they ticket on that side of highway 90, other times they ticket on the other side of the highway, the people who are waiting to turn onto Ray Ellison and decide to create their own lane. So no, you probably can't get the ticket dismissed. I bet the county makes a lot of money from that intersection, every time I go that way I see one cop car giving tickets to several vehicles at once.
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Old 02-03-2012, 06:31 AM
 
188 posts, read 375,589 times
Reputation: 240
I think you will have a difficult time getting this dismissed. Btw, how does the cop ticket 4 cars at once? Do they block the intersection or something?
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Old 02-03-2012, 06:57 AM
 
Location: San Antonio, TX
8,400 posts, read 19,628,411 times
Reputation: 4435
They likely are parked there and motion for cars to pull over. It's all very legal and it is amazing that people still break the law after seeing the police cited people for doing it.

I see no defense in this case, what other cars are illegally doing doesn't matter; you're still breaking the law and you got caught. You can try arguing it in court, but expect to get slam-dunked. I would recommend requesting DD and see what the judge gives you to do, but there's no getting out of this ticket that I can see. You were caught doing something illegal and now it's time to face the consequences...

Good luck! M2
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Old 02-04-2012, 09:44 PM
 
38 posts, read 58,624 times
Reputation: 21
yep i see the county mounty all the time waiting for people to make their own lane to turn right onto ray ellison.
was told this past week $264 fine. sometimes county motorcycles park up ahead on ray ellison just watching and waiting (2 of them) if the wave you down oh well busted.
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Old 02-05-2012, 04:41 AM
 
316 posts, read 666,781 times
Reputation: 240
I am very familiar with that intersection, and the scenario you describe. I don't pass through there in the morning, but do pass though in the afternoon. Obviously the traffic isn't as bad when I go through there, around 4:30. But I do see people who do what you describe. I have two thoughts on the matter. First I can't believe the cops are giving tickets for doing that. Yes, I agree that it is technically illegal, but they should apply some common sense. By letting people do it, it reduces the backlog of cars. My second thought is I can't believe the cop wrote passing on the right on your ticket, when you were on the left of the other vehicle. I would plead not guilty also just based on the fact that the ticket said "passing on the right" when I was on the left hand side of the other car. While I typically "back the blue", I must say that giving tickets out here sounds like revenue generation.
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