After reading would someone please advise me? I am considering taking this to traffic court myself because I don't think I violated the section the officer cited me for. In your opinion, can I win or do I need an attorney to get it reduced or dismissed? If I can't win would you please tell me why? What have I missed or not understood?
I was cited under SC code of laws 56-5-1810.
There is information on driving left of center and passing on the left in:
56-5-1810 – The section I was cited for.
56-5-1840
56-5-1860
56-5-1880 – This is the one that concerns me because it states that no vehicle shall be driven on the left side of the roadway – 2. When approaching within 100 feet of or traversing any intersection. Can he use this one against me since he did not cite me for it?
56-5-1890
SC Traffic Citation -56-5-1810
On Saturday May 27, 2008 (Black Biker Weekend) I was driving on 27th Avenue (NMB – Crescent Beach) from Ocean Blvd. towards Hwy 17 . I was nearing my Condo complex (I own a condo) which is on the left hand side of 27th Avenue at Blank Drive. I was approximately 250-300 feet (distance determined by pacing ) from Blank Drive on the left when I encountered heavy traffic completely stopped in the right hand lane for which I had to come to a complete stop (EXCEPTION (a) 2 OF 56-5-1810). There was one other intersection on the left beyond Blank Drive before Hwy 17. Blank Drive was open but the intersection beyond was closed. Traffic was backed up all the way from Hwy 17 on 27th Avenue to the point where I was stopped and further on behind me. I sat and waited for a couple of minutes then eased my vehicle to the left so that I could see around the line of traffic. I could see that the left hand lane was clear from where I sat all the way to the stop light at Hwy 17 – which was approximately 1300 feet from where I sat. The two lane road was marked with a broken yellow line on the pavement which indicated to me that I could pass on the left if it was clearly visible and free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the operation of any vehicle approaching from the opposite direction or any vehicle overtaken (EXCEPTION (a) 1 OF 56-5-1810). I pulled into the left lane and passed the stopped traffic for the distance from where I sat approximately 250-300 feet to Blank drive on the left. I never exceeded 15 mph during this move. I turned left onto Blank drive and immediately turned left again into the parking lot of my condo complex. Even as I turned left onto Blank Drive I could see no traffic approaching me in the left lane from the direction of Hwy 17.
There was a NMB police officer in the line of traffic behind me who followed me into my parking lot and cited me under Article 13 Section 56-5-1810 – Driving Left of Center.
I had a broken yellow line indicating that passing in the left hand lane was authorized under 56-5-1810. My side of the road was obstructed with stopped traffic. The road was clear for approximately 1300 feet in front of me and I only had to travel 250-300 feet in the left lane before turning onto Blank Drive. I feel that I was cited wrongly and feel that I should contest this citation in traffic court. AND I MAINTAIN THAT I DID NOT VIOLATE THE SECTION 56-5-1810 THAT THE OFFICER CITED ME UNDER. I consider myself a safe driver who tries very diligently to follow the rules of the road. I have not been cited for a moving violation in 36 years.
56-5-1860 - ….. "In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable". Does that mean I have to return to the RIGHT LANE OF 27TH AVENUE OR IS THE RIGHT LANE OF Blank DRIVE SUFFICIENT?
56-5-1810- (a) 2. CAN A LONG LINE OF STOPPED TRAFFIC BE DEFINED AS AN OBSTRUCTION? IF IT CAN BE DEFINED AS AN OBSTRUCTION 56-5-1880 (a) 2 DOES NOT APPLY IN THIS SITUATION BECAUSE OF 56-5-1880 (b).
I was cited under SC code of laws 56-5-1810.
There is information on driving left of center and passing on the left in:
56-5-1810 – The section I was cited for.
56-5-1840
56-5-1860
56-5-1880 – This is the one that concerns me because it states that no vehicle shall be driven on the left side of the roadway – 2. When approaching within 100 feet of or traversing any intersection. Can he use this one against me since he did not cite me for it?
56-5-1890
SC Traffic Citation -56-5-1810
On Saturday May 27, 2008 (Black Biker Weekend) I was driving on 27th Avenue (NMB – Crescent Beach) from Ocean Blvd. towards Hwy 17 . I was nearing my Condo complex (I own a condo) which is on the left hand side of 27th Avenue at Blank Drive. I was approximately 250-300 feet (distance determined by pacing ) from Blank Drive on the left when I encountered heavy traffic completely stopped in the right hand lane for which I had to come to a complete stop (EXCEPTION (a) 2 OF 56-5-1810). There was one other intersection on the left beyond Blank Drive before Hwy 17. Blank Drive was open but the intersection beyond was closed. Traffic was backed up all the way from Hwy 17 on 27th Avenue to the point where I was stopped and further on behind me. I sat and waited for a couple of minutes then eased my vehicle to the left so that I could see around the line of traffic. I could see that the left hand lane was clear from where I sat all the way to the stop light at Hwy 17 – which was approximately 1300 feet from where I sat. The two lane road was marked with a broken yellow line on the pavement which indicated to me that I could pass on the left if it was clearly visible and free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the operation of any vehicle approaching from the opposite direction or any vehicle overtaken (EXCEPTION (a) 1 OF 56-5-1810). I pulled into the left lane and passed the stopped traffic for the distance from where I sat approximately 250-300 feet to Blank drive on the left. I never exceeded 15 mph during this move. I turned left onto Blank drive and immediately turned left again into the parking lot of my condo complex. Even as I turned left onto Blank Drive I could see no traffic approaching me in the left lane from the direction of Hwy 17.
There was a NMB police officer in the line of traffic behind me who followed me into my parking lot and cited me under Article 13 Section 56-5-1810 – Driving Left of Center.
I had a broken yellow line indicating that passing in the left hand lane was authorized under 56-5-1810. My side of the road was obstructed with stopped traffic. The road was clear for approximately 1300 feet in front of me and I only had to travel 250-300 feet in the left lane before turning onto Blank Drive. I feel that I was cited wrongly and feel that I should contest this citation in traffic court. AND I MAINTAIN THAT I DID NOT VIOLATE THE SECTION 56-5-1810 THAT THE OFFICER CITED ME UNDER. I consider myself a safe driver who tries very diligently to follow the rules of the road. I have not been cited for a moving violation in 36 years.
56-5-1860 - ….. "In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable". Does that mean I have to return to the RIGHT LANE OF 27TH AVENUE OR IS THE RIGHT LANE OF Blank DRIVE SUFFICIENT?
56-5-1810- (a) 2. CAN A LONG LINE OF STOPPED TRAFFIC BE DEFINED AS AN OBSTRUCTION? IF IT CAN BE DEFINED AS AN OBSTRUCTION 56-5-1880 (a) 2 DOES NOT APPLY IN THIS SITUATION BECAUSE OF 56-5-1880 (b).
