PC §723 - DRIVING ON THE SHOULDER/EMERGENCY LANE
INFRACTION
(a) Definition
Driving on the shoulder or emergency lane is the act of operating a motor vehicle on the portion of the roadway designated for emergency use, such as the shoulder, breakdown lane, or emergency lane, except in situations allowed by law or regulations.
(b) Elements of the Offense
The following elements must be met to constitute a charge of driving on the shoulder or emergency lane:
The defendant operated a motor vehicle on a public roadway.
The defendant drove the vehicle on the portion of the roadway designated for emergency use, such as the shoulder, breakdown lane, or emergency lane.
The defendant did not have legal authorization or a valid reason to use the shoulder or emergency lane, as allowed by law or regulations.
Prohibited Conduct
(a) Prohibited conduct may include, but is not limited to, the following actions by vehicle operators:
Using the shoulder or emergency lane to pass other vehicles or avoid traffic congestion.
Stopping or parking a vehicle on the shoulder or emergency lane without a valid emergency or breakdown situation.
Driving on the shoulder or emergency lane to bypass traffic signals, stop signs, or other traffic control devices.
Exceptions
(a) Exceptions to the prohibition on driving on the shoulder or emergency lane may include situations where:
A vehicle is forced onto the shoulder or emergency lane due to a medical emergency, vehicle breakdown, or other unforeseen circumstances.
Authorized emergency vehicles, such as police cars, fire trucks, or ambulances, are using the shoulder or emergency lane in the performance of their duties.
(c) Defenses
(a) It shall be a defense to a charge of driving on the shoulder or emergency lane if the defendant can prove that they had a valid reason or legal authorization to use the shoulder or emergency lane, as allowed by law or regulations.
(b) Lack of evidence of driving on the shoulder or emergency lane, such as errors in law enforcement observations or documentation, may also serve as defenses if proven by the defendant.
(d) Aggravating Factors
Aggravating factors such as causing accidents, injuries, or property damage due to driving on the shoulder or emergency lane, repeated violations, or prior convictions for similar offenses may result in enhanced penalties or additional charges as determined by the court.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
NOT ARRESTABLE
FINE SET
$150.00
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