fwiw. the lawyer got back to me. The short answer is, depends on circumstances. After following this thread since I incepted it, I would say we weren't in the wrong that evening.

The only things that could be improved on in my original instance would be time of day, we were starting out at 5:30, prime travel time. And possible a different route. Don't know if there was one.

We had no line of cars at any time, we were "behaved" and only used that part of the road as long as necessary. Of course that doesn't qualify the motorists perception that encountered us.