Ms. C. was traveling on the freeway when she was attempting to exit on an off ramp where 2 lanes merged into 1. When she suddenly realized that the 2 lanes were merging she sped up and passed on the right hand shoulder of the roadway. A DPS Officer on a motorcycle saw this, and cited her for Criminal Overtaking on the Right per Arizona Revised Statute ARS 28-724(A). Because Ms. C. had a Commercial Driver’s License, it was very important that she did not have any criminal driving convictions on her record. We were able to explain the situation to the Prosecutor, and he agreed to reduced the ticket to a simple civil violation of Unsafe Lane Usage under Arizona Revised Statute ARS 28-729.1.
