Arizona traffic ticket—cited under A.R.S. § 28-731 after driving on the shoulder
traffic attorney Arizona Aug 19, 2026
Location: 202 Arizona I’m looking for advice about an Arizona traffic citation and what my next steps should be. I was traveling on the highway when traffic became heavily backed up because of a serious accident. My gas gauge was already below zero, and I was concerned my vehicle would completely run out of gas while stuck on the ramp. When the roadway narrowed to one lane, I moved onto the shoulder so I could get off the ramp and safely stop. I wasn’t using the shoulder to pass traffic or get ahead—I stopped once I reached a safer location. The officer cited me under A.R.S. § 28-731, with wording similar to “drive right—divided highway/no median.” From what I’ve read, that statute appears to deal with driving across or within the dividing space or barrier of a divided highway. I did not cross a median, barrier, or dividing section; I drove on the shoulder. My questions are: Does § 28-731 appear to apply to this situation? Can a citation be dismissed or reduced if the statute listed doesn’t match the conduct described? Should I plead not responsible and request a hearing? What evidence should I bring—photos of the location, a map of my route, gas receipts, or anything else? I understand that running low on gas doesn’t automatically permit driving on the shoulder. I’m mainly trying to understand whether I was cited under the correct statute and how I should handle the citation properly. This happened in Arizona. Any guidance would be appreciated.
