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California v/c 22350 violation, small question on CA law

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S

steeda

Junior Member
What is the name of your state? California

In Lake Tahoe on US 89, I was following two vehicles going 25MPH for about 11 miles. The posted limit was 35. This is a two lane highway.

When the dotted line appeared ( legal to pass ), I punched it, moved to the opposing lane of traffic, and hit 60MPH by the time I got around both of them. Of course, when in the opposing lane in the legal passing area, I blew right by a CHP officer. Conditions were sunny, clear skies, no winds, no pedestrians.

He wrote me as "60+ in a 35" in violation of 22350. I had no clue I couldn't exceed to pass in an opposing lane of traffic. If I went 35, passing them going 25, I would not have been able to safely pass.

I hope traffic school will clear this one but I am not sure due to being 25 over. What sucks is the ticket makes no mention of the fact that I was trying to safely pass. It just looks like I was some jackass going 60MPH around Tahoe.

Is this fightable? Does anyone know the law regarding passing on a two lane highway and speed laws?
 


M

moburkes

Senior Member
steeda said:
What is the name of your state? California

In Lake Tahoe on US 89, I was following two vehicles going 25MPH for about 11 miles. The posted limit was 35. This is a two lane highway.

When the dotted line appeared ( legal to pass ), I punched it, moved to the opposing lane of traffic, and hit 60MPH by the time I got around both of them. Of course, when in the opposing lane in the legal passing area, I blew right by a CHP officer. Conditions were sunny, clear skies, no winds, no pedestrians.

He wrote me as "60+ in a 35" in violation of 22350. I had no clue I couldn't exceed to pass in an opposing lane of traffic. If I went 35, passing them going 25, I would not have been able to safely pass.

I hope traffic school will clear this one but I am not sure due to being 25 over. What sucks is the ticket makes no mention of the fact that I was trying to safely pass. It just looks like I was some jackass going 60MPH around Tahoe.

Is this fightable? Does anyone know the law regarding passing on a two lane highway and speed laws?
Click to expand...
The passing part was legal, but you must still obey the rules of the road, which, in your case meant 35 mph. If it wasn't safe to pass at the legal speed limit, then you should have stayed behind the slow folks.
 
CdwJava

CdwJava

Senior Member
Ditto that.

The speed limit is still set - even if you are passing someone. There is no exception to the speed law for passing.

- Carl
 
S

steeda

Junior Member
Thanks for the replies. Hopefully then, this will be eligible for traffic school. I had a clean record until this.
 
R

rmet4nzkx

Senior Member
Did you try your horn to get their attention so they could speed up or pull over to the side? Did the thought occur to enjoy the view?
If you were passing at 60 mph in the opposite lane then you were actually going -60 mph:rolleyes:
 
Zigner

Zigner

Senior Member, Non-Attorney
rmet4nzkx said:
Did you try your horn to get their attention so they could speed up or pull over to the side? Did the thought occur to enjoy the view?
If you were passing at 60 mph in the opposite lane then you were actually going -60 mph:rolleyes:
Click to expand...
While I agree with the spirit of the post - honking the horn would be a no-no ;)
 
CdwJava

CdwJava

Senior Member
Zigner said:
While I agree with the spirit of the post - honking the horn would be a no-no ;)
Click to expand...
Hmm ... I don't know ... in CA it just might be permitted in this case.

27001. (a) The driver of a motor vehicle when reasonably necessary
to insure safe operation shall give audible warning with his horn.

(b) The horn shall not otherwise be used, except as a theft alarm
system which operates as specified in Article 13 (commencing with
Section 28085) of this chapter.

I would think that one could argue that honking the horn to signal another driver that he is passing is a "reasonably necessary" act, and thus a valid use of the horn. Sure, it might scare the other driver to suddenly jerk the wheel to the right thus putting the vehicle in an uncontrolled spin or off the road ... but, it might just be lawful.

- Carl
 
S

steeda

Junior Member
Any guesses on El Dorado County's treatment of:

Speed Approx: 60+
PF/Max Spd: 35
Safe: 35

Traffic school, handled via mail?

Mandatory appearance?

I can't wait for my "courtesy notice".
 
S

steeda

Junior Member
Thanks for the info, love the red Corvette on the traffic violations page!

Lot of info on the 'net like " 25 over is criminal and you'll need to appear and go to jail ".

Scary, wish I didn't pass that guy.
 
CdwJava

CdwJava

Senior Member
steeda said:
Thanks for the info, love the red Corvette on the traffic violations page!

Lot of info on the 'net like " 25 over is criminal and you'll need to appear and go to jail ".

Scary, wish I didn't pass that guy.
Click to expand...
You were charged with an infraction ... no jail time is possible. Well ... if you fail to show up on your court date(s), then you CAN be arrested.

- Carl
 
S

steeda

Junior Member
Cool thanks, I am really hoping they'll let me just do traffic school and pay whatever fine they feel like assessing.
 
Zigner

Zigner

Senior Member, Non-Attorney
CdwJava said:
Hmm ... I don't know ... in CA it just might be permitted in this case.

27001. (a) The driver of a motor vehicle when reasonably necessary
to insure safe operation shall give audible warning with his horn.

(b) The horn shall not otherwise be used, except as a theft alarm
system which operates as specified in Article 13 (commencing with
Section 28085) of this chapter.

I would think that one could argue that honking the horn to signal another driver that he is passing is a "reasonably necessary" act, and thus a valid use of the horn. Sure, it might scare the other driver to suddenly jerk the wheel to the right thus putting the vehicle in an uncontrolled spin or off the road ... but, it might just be lawful.

- Carl
Click to expand...
I read the post as suggesting that the OP honk their horn to get the other driver to speed up or move over. Not as a warning that they were passing. My mistake :)
 
R

rmet4nzkx

Senior Member
Zigner said:
I read the post as suggesting that the OP honk their horn to get the other driver to speed up or move over. Not as a warning that they were passing. My mistake :)
Click to expand...
It can be used for all three, that used to be one of the questions on every licnese test.
 
S

steeda

Junior Member
What siginificance is the "+" the officer wrote on the ticket as far as fines and how the courts will view it? I got written for "60+". Obviously, this means the officer believes I was going at least 60 and possibly faster. But what does the plus REALLY mean as compared to just plain "60". Will the "+" affect the fine and or traffic school options?
 
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