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27-51-310 Passing Law Enforecement Officer Stopped On Shoulder
(a) when passing a law
enforcement officer stopped on the shoulder of a multilane
highway with the law enforcement officer's vehicle's lights
flashing, the motor vehicle
operator shall move when possible into the farthest lane from
the law enforcement
vehicle and remain in that lane until passed the law enforcement
officer's vehicle and
any other vehicles involved in the stop.
(b)(1)(A)
Any party who pleads guilty or nolo contendere to or is found
guilty of violating
this section shall be guilty of a misdemeanor and shall be fined
not less than thirty-five
dollars ($35.00) nor more than five hundred dollars ($500.00),
confined in the county
jail not to exceed ninety (90) days, or both fined and imprisoned.
(b) In
addition to the penalties prescribed in subdivision (b)(1)(A)
of this section, the court
may order community service for not more than seven (7) days
and may suspend the
person's driver's license for a period of not less than ninety
(90) days nor more than six (6)
months.
(2) There
is created a rebuttable presumption that shall arise in any
criminal action under
this section to the effect that it can be proven that a person
is the registered owner of a
vehicle that is driven in a manner which violates this section,
the person is presumed to
have been the driver of the vehicle at this time of the violation.
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