Again, no one there can qualify or disqualify a persons action to ride the shoulder to get past. If I was in a hurry trying to get someone to the hospital, protest or construction interference, I’d do whatever I needed to as well. If police caught you just trying to skip the jam during a construction jam, they’d be on your side if they found you to need through due to an emergency. If you were just being a dick, you’d be fined. However, since no one but the police can find your reasoning to be in the right or wrong, the point is mute. Plus, if police were evaluating drivers’ needs trying to get through over addressing the protestors illegal actions, there’re bigger concerns going on