There was not reasonable suspicion to stop the defendant after he drove on an improved shoulder to pass a car that had slowed at a railroad crossing in violation of Transportation Code §545.058(a). The officer did not testify that the defendant was driving in a manner inconsistent with §545.058(a)(4) (using the shoulder to pass another vehicle that is slowing on the main portion of the highway). Driving on an improved shoulder is not prima facie evidence of an offense. The offense of illegally driving on an improved shoulder is committed when driving on the improved shoulder was not a necessary part of achieving one of the seven approved purposes, or driving on the improved shoulder could not have been done safely.
Lothrop v. State