NC- Caught Speeding While Passing

North Carolina

I recently got a speeding citation for 78 in a 55 around
Albemarle county. The thing is however I had just finished
passing a car that was going 45 (although the officer said
he clocked that car going 60) and had not slowed to the
speed limit before the police officer caught me with this
radar gun. What chances do I have if I plead not guilty?
How is the law written when it comes to passing cars in a
two lane road? Was I supposed to pass the car at 55?

Your problem is the officer clocked the car you passed at 5 MPH over the speed limit, so you shouldn't have been passing him. Now, it is possible that the other car started to speed up when you pulled out to pass, but I don;t think you'll be able to prove it.

"What chances do I have if I plead not guilty?"
*** In my opinion, slim to none of having the ticket dismissed.

"How is the law written when it comes to passing cars in a two lane road? Was I supposed to pass the car at 55?"
*** Simply, if the vehicle in front of you is doing the speed limit, there should be no need to pass them at all.

Well the car wasn't doing the speed limit when I passed it, it was going 10 under.

OPaul said:

Well the car wasn't doing the speed limit when I passed it, it was going 10 under.

Click to expand...

The officer says that the car you passed was doing 60 mph. And bottom line.... that is all that is important when it comes to the ticket.

Then provided the officer didn't put the other cars speed in his notes what is the law concerning passing a car on a two lane road?

You have a couple of options.

1) Ask DA to reduce your speed to 64 in a 55
2) Hire an attorney to get the charge reduced to improper equpement
3) See if you can attend a traffic school (don't think that is possible though since your speed was over 15)
4) Ask for a Prayer for Judgement

This all being said, don't think this will not haunt you (unless you can get the imporper equipement which of course will cost you dearly) because insurance companines in NC look at incidents, not charagble tickets.

I'm assuming I can enter a plea of improper equipment even if I did that last time right? Unlike Pray for Judgment where you can only use it once.

I've had to previous tickets, the first they dropped the speed and the second pleaded improper equipment, and so far my insurance hasn't gone up.

I'm still interested in knowing what the law is when it comes to passing someone on a 2 lane road though. Am I supposed to go the speed limit and pass or am I allowed to faster.

you are not allowed to go over the speed limit.

Stephenk,

>>you are not allowed to go over the speed limit.<<

Is this a moral imperative, a legal imperative, a physical limit, or just your opinion?

(a) We can go *over* the speed limit,

(b) the only known speed limit in the universe is C,

(c) anyone speaking to the contrary is advocating an arbitrary limit to

(d) dumb people down and defraud them of money.

I can watch cops going 20-30 miles over the limit everywhere, everyday, but I also notice they are a part of the fraud empire.

Foxer

Foxer said:

Stephenk,

>>you are not allowed to go over the speed limit.<<

Is this a moral imperative, a legal imperative, a physical limit, or just your opinion?

(a) We can go *over* the speed limit,

(b) the only known speed limit in the universe is C,

(c) anyone speaking to the contrary is advocating an arbitrary limit to

(d) dumb people down and defraud them of money.

I can watch cops going 20-30 miles over the limit everywhere, everyday, but I also notice they are a part of the fraud empire.

Foxer

Click to expand...

**A: is it a full moon?

OP, you, as a civilian (thus, not in a police car or a fire truck responding to a call) are prohibited BY LAW from surpassing the speed limit. This is both a legal and moral imperative. (At least, I'm assuming it's a moral imperative, since most people consider it immoral to violate the law. You may be different, in which case it's simply a legal imperative.)