Quote:
Originally Posted by ///MPhatic
Quote:
Originally Posted by Sedan_Clan
Hell no it's not. That's a weird practice if I've ever heard one. In addition, it's not like the officer could've written a ticket for the infraction he didn't witness anyway (…unless he was trained and citing for cause following a collision).
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Once on the way to New Orleans with friends we came upon 2 semi trucks going about the same speed, and blocking the road in the process. This went on for several miles (the truck in the left lane was going faster, but the truck in the right lane had more torque, so every time there was a hill it'd catch back up).
My father in law worked for Overnight at the time, so I knew about penalties for trucks speeding, so I figured I'd just pass on the right when the opportunity presented itself.
I got into the right lane, and when the next long on-ramp came I used it to pass the trucks on the right.
20 miles or so down the Interstate I get pulled over by an angry police officer threatening to take me to jail for driving recklessly on the shoulder. He had me out on the highway while he spoke to the other people in the car as well. I honestly had no idea what was going on.
When I finally figured it out I explained my side of the story, he took my license (thinking I'd have no fun in New Orleans without it), and let me go.
Since that time I have read that in such cases both parties must go to court, and it seems like what the officer did by taking the witness' side, and my license, was illegal.
1. Was what I did illegal (using the onramp to pass)? It was a LONG on-ramp.
2. Was the HP in the right to take my license?
3. Can a police officer take a witness' side without seeing it happen? |
Ok I'll break this down.
First a little education about trucks. Most 53'/74' semi-trucks are governed at/around 65-mph, so understand that they don't really have what I would call "
passing power", especially when you consider their laden weight.
- Yes, passing on the right in the manner you did is illegal. That could've caused a major collision had somebody being in the right place at the wrong time.
- I'm not sure about Louisiana law, but here in California we generally do not confiscate licenses on scene unless it's related to a DUI or I request a DMV retest of the driver following a traffic collision. The Highway Patrolman may have that authority in Louisiana.
- Yes, a traffic trained officer can cite for cause or determine cause based on the statements made by the parties involved, independent witnesses, his/her own observations and the physical evidence at the scene. Based on what you stated, he saw you drive on the shoulder?!?! He didn't really need statements from anybody else.