What is the law about passing speed?

What is the name of your state (only U.S. law)? California

I was cited for 22350VC for passing a vehicle at 75 in a 55 on a 2 laned highway in a long passing zone. The conditions were dry and warm, visibility clear and unobstructed, the road was wide, straight, and flat.
The CHP officer was way ahead in a pullout area facing the opposite side of the road. When I returned back into the lane he was still a ways ahead with his lights on and ready to pull onto the highway.
This was through a state reservoir and several fisherman typically fish the area and can pull out anytime. When I saw the cars ahead I expedited the pass to safely get back in my lane before arriving at the other parked cars.
The officer said I am not allowed to exceed 55 even in passing other vehicles. This doesn't seem prudent as it could turn a simple pass into a very long pass.
Are there any specific laws that address passing speeds? As well, any other thoughts on my case?
I appreciate your response (in advance)!
Thanks, Andre'

Andre3500 said:

This doesn't seem prudent as it could turn a simple pass into a very long pass.
Are there any specific laws that address passing speeds? As well, any other thoughts on my case?
I appreciate your response (in advance)!
Thanks, Andre'

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In general, you cannot exceed the maximum posted speed in order to pass - prudent, in your opinion, or not.

The only advantage you have is that you were cited for 22350 and not for 22349(b) (if the roadway was eligible for such a posting). Had it been the latter, you would be pretty much done. As it is, the issue of it being unsafe is a rebuttable presumption and you can try to show the court that your speed - given the conditions at the time - was reasonable and prudent.

You lose little except time by doing the research necessary and challenging the citation if you can.

Thanks for your prompt response!

I do plan to challenge this in a court trial with the officer, if he shows up. Of course, if he doesn't I'll be quite happy as I believe it's an automatic win. (true?)
Another piece is the other driver had been traveling consistently under 50, until of course, I proceed to pass him. I was committed to the pass and believed it was safer to complete it quickly.
Ya I know I'm pleading my case right now, I just hope I can make a good presentation, ask the right questions to the officer, and have a reasonable judge. How much time is typically allowed for each traffic trial?

Thanks again! Andre'

Andre3500 said:

Thanks for your prompt response!

I do plan to challenge this in a court trial with the officer, if he shows up. Of course, if he doesn't I'll be quite happy as I believe it's an automatic win. (true?)

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Sometimes. The court might continue the matter, and if the officer had sent prior notice of his absence this is very likely. It might also take your motion to dismiss if the court does not do so automatically.

Another piece is the other driver had been traveling consistently under 50, until of course, I proceed to pass him. I was committed to the pass and believed it was safer to complete it quickly.

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Certainly an argument to make, but there is still no provision in CA state law that allows you to exceed the maximum limit. Lucky for you the officer chose not to cite you for exceeding the maximum limit but, instead, to cite you for the unsafe speed. However, the ball is in your court to show that the speed which you traveled was not unsafe given the conditions.

Ya I know I'm pleading my case right now, I just hope I can make a good presentation, ask the right questions to the officer, and have a reasonable judge. How much time is typically allowed for each traffic trial?

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This varies a great deal by the court. Traffic courts tend to be cattle call affairs, so the judge will not be keen on listening to long-winded diatribes. I would recommend you keep your arguments succinct. If you choose to make any statements, that is. You could just suffice with cross-examining the officer asking questions that clarify the road conditions, traffic, etc. and hope that it is made clear there was no threat. Because, your testimony would pretty much confess to exceeding the posted limit (a prima facie and rebuttable violation of 22350) so you might then put yourself in a difficult position.

Perhaps you should consider a trial by written declaration first.

Thanks again! Andre' [/QUOTE]

Carl, would not his speed being above the posted limit be prima facie evidence that he was traveling at an unsafe speed?

The Occultist said:

Carl, would not his speed being above the posted limit be prima facie evidence that he was traveling at an unsafe speed?

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That's a "rebuttable presumption"... If the prosecution establishes that the speed was greater than the posted speed, AND has met the requirements set by CVC 40802 (http://www.dmv.ca.gov/pubs/vctop/d17/vc40802.htm) the burden shifts to the defendant to establish that the speed did not violate the basic speed law.

CVC 22351(b) The speed of any vehicle upon a highway in excess of the prima facie speed limits in Section 22352 or established as authorized in this code is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place and under the conditions then existing.​

Andre3500 said:

Thanks for your prompt response!

I do plan to challenge this in a court trial with the officer, if he shows up. Of course, if he doesn't I'll be quite happy as I believe it's an automatic win. (true?)
Another piece is the other driver had been traveling consistently under 50, until of course, I proceed to pass him. I was committed to the pass and believed it was safer to complete it quickly.
Ya I know I'm pleading my case right now, I just hope I can make a good presentation, ask the right questions to the officer, and have a reasonable judge. How much time is typically allowed for each traffic trial?

Thanks again! Andre'

Click to expand...

There is no such thing as "being committed to passing" as a defense. I would not even note this. You need to get a motion for acquittal after the prosecution rests. You will need to be prepared to attack any speed measurement etc. I don't know if you told the officer your speed or not. You need to perform discovery (unless your only defenses (you want to do) are what you stated so far). expect to spend ~20 hrs preparing for trial.

Passing lanes are set up to entrap the drives into speeding... <sarcasm>

Really, those passing lanes are there only if the vehicle like a truck or farm vehicle which is not able to go the posted speed limit and to allow vehicles behind them to pass if no pull out lanes exist. The office is correct if passing you can only go the speed limit.

However, passing lanes are really a misnomer, since all vehicle are required to go the speed limit on highways, if you go below the speed limit you can be ticketed for impeding traffic and if you go over the sleep limit then you are ticketed for speeding so legally speaking the only speed you are allow to go is the speed limit thus no reason to pass someone.

In the ops case unless the vehicle being passed was a farm vehicle which are allow to use roads at lower speeds with the proper marking and signals or a truck climbing a grade with proper signally on to indicate slower speed the officer should have ticketed the drives going below the speed limit for impeding traffic, but why do that since they are only encouraged to ticket people who might be driving faster.

I personally have seen the CHP sitting on these two lane roads with passing lanes knowing full well that someone will come along and pass slower or cars just going the speed limit. Even if you passing a slower truck most everyone is going to go over the limits to get pass them in the shortest amount of time and distance because if you did not you run the risk of running out of line of sight distance since those passing lanes or not that long usually have trying to pass someone going 45 in a 55 will take time and distance only going 55.

Anyway, good luck it is going to be hard to beat, unless you willing to attack his method he used to determine your speed and the fact that other vehicles were around, but all he has to say is that he saw this speed on his unit and looked up and saw you passing another car, so it must have been you.