Lothrop, Donald Adams

in which MEYERS, PRICE, JOHNSON, HERVEY, COCHRAN, and ALCALA, JJ., joined.

This case requires us to construe the statute that regulates driving on the shoulder of a road.

The appellant was driving west on Highway 114 in Boyd. At a railroad crossing, the car in front of him slowed down, and the appellant used an improved shoulder to pass the slowing ear as they crossed the tracks. Boyd Police Officer Estel was driving east on Highway 114. Estel observed the appellant’s driving and stopped him for illegally driving on an improved shoulder. For reasons not contained in the record, the appellant…