License suspension for driving in breakdown lane?

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theubutterly

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A friend drove in the left breakdown lane on an interstate highway and received three infractions: 14-236: Failure to use proper lane; 14-222: Reckless driving; 14-232: Unsafe passing.

Speed was 15-25 mph and the traffic was slow moving. The driver of the lead car was offered AER program, but my friend was not even though he has no priors.

Is this reasonable or excessive? While I don't condone the act of passing traffic in the breakdown lane, it seems that losing your license for 6 months and $750+ in fines is a bit excessive. What are the options in this case?
 
theubutterly said:
A friend drove in the left breakdown lane on an interstate highway and received three infractions: 14-236: Failure to use proper lane; 14-222: Reckless driving; 14-232: Unsafe passing.

Speed was 15-25 mph and the traffic was slow moving. The driver of the lead car was offered AER program, but my friend was not even though he has no priors.

Is this reasonable or excessive? While I don't condone the act of passing traffic in the breakdown lane, it seems that losing your license for 6 months and $750+ in fines is a bit excessive. What are the options in this case?
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His options are the same as the rest of us have.
He can hire an attorney to defend his actions against the charges.
He might be able to plea bargain a charge away, get one dismissed, and take traffic school for the other.
Last option is to seek DEFERRED ADJUDICATION.

There's nothing he can do for FREE.
 
Thank you for your response. I am certainly a proponent of seeking proper legal advice, however do these charges even make sense? Another friend had received a single citation for doing the same offense in the past. Have the laws changed? Can police charge you with multiple violations for the same crime?? Or do officers simply interpret the law to what they believe it to be, and hope the judge agrees if contested?
 
Yes, LEO can charge one with multiple offenses for a single action.

Personally, I think anyone who drives in the emergency lane should be placed in stocks in the city center and pelted with rotting fruit, at the very least.
 
Your friend might want to talk to a traffic law attorney & see what he/she might be able to do for him.
 
That isn't double jeopardy. If someone commits multiple crimes, why should law enforcement have to pick just one to cite them for?
 
ElleMD said:
That isn't double jeopardy. If someone commits multiple crimes, why should law enforcement have to pick just one to cite them for?
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Has he really committed multiple crimes in this case? I didn't realize that was the case.

Second, you can hate the folks who use the shoulder all you want, but in your opinion do they really deserve capital punishment? I'm not saying he should have gotten a break, and neither is he. But to me it just looks like it went the other way, and instead of getting the punishment he deserved, he received a much harsher punishment by a young, inexperienced, and very rude LEO. I say that because he was screaming the whole time, and threatening to arrest (unlike the supervisor that arrived and acted professionally).

It simply seems absurd to me, that people who text and drive, run a red light and cause a wreck, get off easier than this. The lawyers my friend has consulted so far said he is out of luck in this case, because the particular prosecutor is simply impossible to work with. Being convicted of a crime and losing his license for a YEAR would completely ruin his life.
 
Sorry but the laws are public record as are the penalties for violating them. if you disagree with them, petition your legislature for change. He doesn't get a pas because of a rude LEO. Driving in the shoulder is dangerous as it blocks the way for rescue and emergency vehicles, as well as for those with genuine emergencies. I don't know the reason he drove in the shoulder but if it is a particularly justifiable reason, such as responding to a home emergency, he can plead his case before the court. The judge either feels it is a good reason or doesn't.
 
I understand the laws are public record, and I looked them over. My question is, are all these charges justifiable for his offense? FOR EXAMPLE: When you are speeding (within limits of course) you are issued a citation for speeding. But you're not charged with negligence and failure to control a vehicle at the same time (for simply going over the limit).

I agree that shoulder driving is very dangerous, and hate to see when people do it (don't we all), and rudeness of the LEO is absolutely not an excuse (he could have silently issued the same citations, just more professionally). I only mentioned that to speak of the character of the LEO.

Finally, I never said he should get a "free pass". I am asking ARE THESE CHARGES REASONABLE? From what we've researched, there is no place that lists specific offenses and the proper charges. That is for LEOs and Judges to determine. And I have not come across a single case where driving on the shoulder led to a criminal charge and license suspension.
 
The opinions of a message forum as to the reasonableness or unreasonableness of the charges does not matter half a hoot to their legality.
 
If the driver is speeding and not controlling the vehicle properly, then yes, they can be cited for both offenses. Same with driving on the shoulder. If the LEO felt your friend was being reckless in doing so, then it was appropriate and legal to cite him for it. If your friend disagrees, then he can plead his case in court.
 
theubutterly said:
I understand the laws are public record, and I looked them over. My question is, are all these charges justifiable for his offense? FOR EXAMPLE: When you are speeding (within limits of course) you are issued a citation for speeding. But you're not charged with negligence and failure to control a vehicle at the same time (for simply going over the limit).
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A person can be charged with speeding, running a stop sign, fleeing & eluding, running three red lights, 4 lane changes without signaling, etc... If all arise from one single event. It's a very common practice.

Ultimately, it's up to the officer's discretion. In fact, a warning can be issued, if the officer chooses.

Charges aren't convictions, that's what the court decides.

Everyone can choose to plead guilty, or fight the citation in court.

Many times the prosecutor will drop some charges, if he or she believes the defendant has been improperly charged.

theubutterly said:
I agree that shoulder driving is very dangerous, and hate to see when people do it (don't we all), and rudeness of the LEO is absolutely not an excuse (he could have silently issued the same citations, just more professionally). I only mentioned that to speak of the character of the LEO.

Finally, I never said he should get a "free pass". I am asking ARE THESE CHARGES REASONABLE? From what we've researched, there is no place that lists specific offenses and the proper charges. That is for LEOs and Judges to determine. And I have not come across a single case where driving on the shoulder led to a criminal charge and license suspension.
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Reasonableness of the charges isn't at issue. The number of charges, not at issue.

Ultimately, the court will decide his fate.

The fact that several attorneys are telling you the same or similar things we're telling you should get you thinking about this. Attorneys want to make money. They don't make money by saying no.
 
The two attorneys both said the particular prosecutor in question is very difficult to deal with, and they haven't had much success with them in the past. This was evident when the prosecutor showed no interest in working anything out, as well as listening to pretty much anything other than a plea. There is nothing extra that the attorneys know other than what I have said to justify the charges...they simply spoke as a gesture given their experience with this court.

I will continue urging my friend to seek an experienced traffic attorney in this area to see exactly what can be done. Thank you for your replies and suggestions!
 
theubutterly said:
The two attorneys both said the particular prosecutor in question is very difficult to deal with, and they haven't had much success with them in the past. This was evident when the prosecutor showed no interest in working anything out, as well as listening to pretty much anything other than a plea. There is nothing extra that the attorneys know other than what I have said to justify the charges...they simply spoke as a gesture given their experience with this court.

I will continue urging my friend to seek an experienced traffic attorney in this area to see exactly what can be done. Thank you for your replies and suggestions!
Click to expand...

The dirty little secret is that traffic citations are revenue generating schemes for governments.
The traffic courts all over this country convict 95-97% of people that come before them.
Studies have estimated that 70-80% of those cited just cough it up without contesting the citations.
A few of those use traffic school, or deferred adjudication to lessen the pain.
Of course the prosecutor is in on the scam. Her bread gets buttered in that kitchen, too.
Some argue citations educate bad drivers.
It might educate a few, but most just try to lessen the pain.
If you want an education, spend a couple full days sitting in traffic court.
The things you'll see and hear will astound you.

Frankly, if it was about educating the driving public, rather than extracting revenue from people, those convicted should have to do traffic school, the school revenues could be used in part to fund the process. Maybe you'd get three chances each year. The first school is 8 hours, the second is 24 hours, the 3rd is 40 hours.
If you got a 4th citation in that year, no license for six months.
No exceptions, no more chances, just no driving for you.

That would both allow rehabilitation, and reeducation.

Sadly, the current process serves governments best.
 
The bottom line is about the only thing he can do is plead his case in court - have your friend talk to a traffic law attorney as he is planning on doing. (see what the attorney has to say/suggest) Good luck to him.
 
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