Does anyone know anything about 89:4B, the law is very vague. Can you operate in the breakdown lane as long as your check engine light is on??? Gave a person a ticket and they showed me that their check engine light was on and that they thought they were going to break down. They said they were going to the gas station up ahead. I did not believe the person and gave them the citation. This area of Route 1 is notorious for people skipping around traffic in the breakdown lane as traffic backs up for about a mile in the morning. Person had two chances to prove their check engine light was on at 2 Magistrates Hearings and was unable to so now I have to go to court for it. I figure I'll lose. Anybody know the specifics of being able to drive in the breakdown lane? Do you have to have your hazard lights on?? Thanks!
Posted by: SPD3
Depending upon what section of Route 1 you are referring to it should be posted "Travel Prohibited in Breakdown Lane". Chapter 89-4b states when the right lane has been constructed or designated for purposes other than ordinary travel vehicles must travel in the next lane to the left. Travel is prohibited period whether his check engine light was on or his hair was on fire. BDL violations are common at D.C. you shouldn't have a problem with it.
Posted by: reno911_2004
I hope you win mcdonagh, I'm very familiar with the area and that area sure is notorious. i love when you guys (NPD?) set up in the lot right before Dean street on the evening commute.
Posted by: HousingCop
mcdonagh,
What is there to complain about? You get to go to court on the "Big Clock" to hear this guys excuse about his Check Engine light being on.
Well my Check Engine light has been on for about 2 years, along with the Check Oil and occasionally Needs Gas light. He must have been a hell of a quick guy to come up with that excuse so fast. Maybe if he shows a bill from a gas station right off the highway with that date he might beat it. Doubt he has a slip though.
How can you lose when the "Big Clock" is ticking? It's still a win in my column even if I lose a case. Very rare but it does occur. HC
Posted by: mcdonagh
Clerk Magistrate informed me that he did say he had a slip that the car was towed from that location that day right after the stop which is a lie because I was there for one hour after the stop and saw the guy drive right off towards Dedham (No Tow). Clerk Magistrate told him he didn't care about any slip and that he finds him guilty. Thats when the guy flipped and wanted a hearing in front of a judge. It is true though that I can't lose as long as I'm getting paid!
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