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Michael L. Nichnowitz, Attorney at Law (732) 968-4455

Improper Passing on Shoulder

Michael L. Nichnowitz

July 19, 2024


The charge of improper passing can be cited in a variety of situations. It is most often issued in high traffic densely traveled areas particularly during rush hour times.

Take the following scenario. Driver is on a highway during rush hour and wants to exit at the turnoff before the traffic light. Traffic at the light is heavily backed up where the exit shoulder traffic line widens. The turnoff for the driver is visible but is hundreds of feet away. Rather than wait for traffic to clear when the light turns green, driver enters and rides the shoulder passing vehicles previously in front, passing entrances to businesses until finally reaching the location where the marked shoulder lane/line really begins.

Driving in this manner could result in a summons for improper passing. Drivers should wait to turn into the exit shoulder when the traffic line veers off to the right.

Improper Passing on Shoulder