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Passing In No Passing Zone

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TWood

Junior Member
What is the name of your state? GA

Received a ticket for Passing In A No Passing Zone. I passed an 18 wheeler on a two lane road in a rural GA county. I *KNOW* that I began my pass in a passing zone. The deputy that ticketed me said I passed in a no passing zone and that another deputy in another car witnessed it as well. I never saw this deputy, but his name and badge number are noted on my ticket. I told the deputy that I was in a passing zone, but he says I wasn't. As I said, I know that I began my pass in a passing zone. However, it is possible that I completed my pass of the truck after the passing zone ended. I really don't remember, but this is not what the deputy claimed. He said I began my pass in a no passing zone. He also said I passed the truck twice. I don't know what he was talking about there. I told him I only passed it once. I really feel like I'm getting screwed here because I waited for a long time for a passing zone, and passed when I saw dashed lines on my side and no oncomming traffic. I did everything I could to pass safely, and I still got burned. I know that with two deputys witnessing against me, I have virtually no chance to win this in court. The fine is pretty stiff (at least for me) at $187.00. Should I just pay it? Should I try to get it reduced? Any help appreciated.

TWood
 
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Indiana Filer

Senior Member
TWood said:
What is the name of your state? GA

Received a ticket for Passing In A No Passing Zone. I passed an 18 wheeler on a two lane road in a rural GA county. I *KNOW* that I began my pass in a passing zone.
You're supposed to BEGIN and COMPLETE your pass while in the passing zone.
 

TWood

Junior Member
Indiana Filer said:
You're supposed to BEGIN and COMPLETE your pass while in the passing zone.
Please don't state the obvious. I am asking for advice on how to proceed from this point.
 

justalayman

Senior Member
Indiana Filer said:
You're supposed to BEGIN and COMPLETE your pass while in the passing zone.
Most people realize this but haven't you ever been well into a pass then realized you are coming up to a no pass zone. It sounds like this is what happened to the poster. I have been there myself. I believe it might make a diff to a judge if you can justify the continued pass if it was more prudent to finish the pass than to hit the brakes and fall back in line. The only reason I could argue this was if there was a line of traffic behind the truck and it closed up and getting the next driver to let you in would cause you to be across the centerline longer than continuing.

If the locale is reasonably close to you I would go and mark, measure and photograph where this took place. If on revisit you realize that you should not have passed at all, the only idea I would have is to admit guilt. If you can argue that you reasonably believed you had adequate room to pass, you might try proving the officers did not have proper perspective to determine that you were not in the passing zone when beginning your pass. It won't be easy but they may have indicated on the ticket as to their location. Using a little physics you need to calculate if starting where you claim to start your pass that you would be able to complete your pass within the allowed zone.

If you can do those things you might have a little more than a snowballs chance in he!! to at least allow the judge to minimize the charge and/or fine, but getting off scott free is pretty much an effort in futility.
 

TWood

Junior Member
Thanks justalayman.

I don't think I can find the location again. It was at night on an unfamiliar road that had numerous passing and no passing zones. And while I am certain I was in a passing zone, the deputy claims I wasn't. So its not even an issue of being justified in continuing my pass when the passing zone ended. Its an issue of him claiming I began my pass in a no passing zone. And its my word against his, and he has another deputy backing him up. I have no witnesses. No way I could get any since I was stopped on the side of the road, and eveyone else went on by. The whole thing smacks of small town revenue gathering. My only hope is to get the fine reduced. The deputy even told me the judge in that county was lenient and I might get the fine reduced. I'm just not sure about how to ask for leniency. Especially since I have no proof or witnesses.

I'm starting to think I should just let it go and pay the fine. Its aggrevating, but it seems like it will be less of a hassel in the long run. My driving record has been clean for over 5 years, so its not like I'm at risk of losing my license.
 

justalayman

Senior Member
With just you said v. THE DEPUTIES said, you're probabley right. Keep checking back here for awhile. There are some folks here that may have some ideas for you.

But it sounds like it might be a bend over thing. Maybe if you walked in with a tube of KY the judge might get the hint :D (just kidding obviously)
 

Gadfly

Senior Member
You passed on an unfamiliar road in the night in GA but you are "sure" you know you were in a passing zone, but you don't know where you were. . .give it up.

Rule #1. GA cops are never wrong.

Rule #2. If you have any questions about who is right, refer to rule #1.

Pay the fine.
 

TWood

Junior Member
Gadfly said:
You passed on an unfamiliar road in the night in GA but you are "sure" you know you were in a passing zone, but you don't know where you were. . .give it up.

Rule #1. GA cops are never wrong.

Rule #2. If you have any questions about who is right, refer to rule #1.

Pay the fine.
What is with people posting useless comments here? :confused:

The passing zones are clearly marked on the pavement. You don't have to know your exact location on a map to determine if you are in a passing zone.
 

panzertanker

Senior Member
TWood said:
Please don't state the obvious. I am asking for advice on how to proceed from this point.
Then I guess I will not state the obvious:
Borrow/scrape together 187 dollars and pay the ticket.

But that would be an obvious statement to a situation that is SO complex.
 

panzertanker

Senior Member
TWood said:
What is with people posting useless comments here? :confused:

The passing zones are clearly marked on the pavement. You don't have to know your exact location on a map to determine if you are in a passing zone.
You really are thick-headed....

You said:
TWood said:
However, it is possible that I completed my pass of the truck after the passing zone ended. I really don't remember,
That statement means that you broke the law, if it were true.
 

keith.e

Member
TWood said:
What is with people posting useless comments here? :confused:

The passing zones are clearly marked on the pavement. You don't have to know your exact location on a map to determine if you are in a passing zone.
I think you have a good chance of fighting this and winning. I like what justalayman said: "...it might make a diff to a judge if you can justify the continued pass if it was more prudent to finish the pass than to hit the brakes and fall back in line."

I don't have anything else to add but encouragement. The circumstances surrounding your being pulled over seem faulty on the both deputys' parts.

As for useless comments, there are some posters here who think people should just pay the fines, period. Don't worry about them.
 

TWood

Junior Member
Thanks keith e. I don't mind people suggesting I pay the fine. That actually may be the most prudent option. However, some of these folks here seem intent on acting like children in doing so. Its ok though. I've seen this type of immature activity on other discussion boards. It just seems some people have nothing better to do than troll disscussion boards looking for someone to berate.
 

TWood

Junior Member
Can I request copies of the dash camera tapes from the patrol cars of the two deputies? If so, can I do it now or do I have to wait until a court appearance to make the request?
 

dallas702

Senior Member
Keep in mind that if you plead "not guilty" you may have to post bail up front and make multiple trips to court to get the actual hearing/trial.
 

TWood

Junior Member
dallas702 said:
Keep in mind that if you plead "not guilty" you may have to post bail up front and make multiple trips to court to get the actual hearing/trial.
Thanks. I will keep that in mind.
 

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