California Speeding 22349 (b) Advice

[whttiger25]

I recently received a speeding ticket on a two-lane (55mph) highway, clocked at 72 mph according to the officer, and was cited for violating VC 22349(b). While I was unable to talk my way out of the ticket, he did write down the speed as "65+" instead of 72 as a nice gesture, I suppose.

Here are the circumstances and the basic idea behind my defense. I was behind a truck towing a large RV trailer for about 10 miles with no passing lane. The truck was averaging 10 mph BELOW the speed limit during that entire time, and had certainly accumulated more than 5 cars following it, with me being the first. As a passing lane appeared, I moved to the left to utilize the passing lane. With the extra space and the chip on the shoulder that people towing large objects sometimes have, this truck also sped up when the passing lane appeared. In order to execute the pass, I accelerated, unaware of exactly what speed I was going but only concerned with getting in front of the vehicle and moving to the right (as there was a line of cars behind me) to safely complete the pass. Because the truck accelerated with the passing lane, I may have exceeded the speed limit to complete the pass, but my focus was not on my speed but on executing the pass safely and to allow cars behind me to also complete the pass, as cars behind me were also moving into the passing lane. As I completed the pass, I saw the officer pull out of a shoulder and move to follow me.

How good is my defense here? I am well aware that the 55mph on a 2-lane highway is quite absolute and harder to defend than 22350, but I cannot go to traffic school and want to fight this if possible, as I don't see serious downsides to fighting it. I can also hope that my discovery request is ignored/takes too much time and/or the officer doesn't show up, but in the case the officer shows up I want to have the best possible thing to say.

Lastly - I'm almost certain this isn't relevant - the officer transcribed my birthday incorrectly on the ticket and was off by 10 years (he wrote 93 when it should have been 83, month and date were right).

It is clear this officer was positioned to catch people trying to pass slow vehicles after a 10 mile stretch without a passing lane. While this is not my defense I just have to say that's pretty slimy. I had just spend 1 hour with cruise control set at the speed limit. How frustrating. I did learn from all this that speed limits in California are absolute, with no exceptions made to passing, whether in a dedicated passing lane or on the left side of a 2-lane highway! Go figure. Perhaps this was one of the questions I missed when taking my driving test 15 years ago....

Thank you.

 

[Zigner]

Let's distill it:

Your defense is that you were, in fact, doing exactly what you are accused of.

I recently received a speeding ticket on a two-lane (55mph) highway, clocked at 72 mph according to the officer, and was cited for violating VC 22349(b). While I was unable to talk my way out of the ticket, he did write down the speed as "65+" instead of 72 as a nice gesture, I suppose.

Here are the circumstances and the basic idea behind my defense. I was behind a truck towing a large RV trailer for about 10 miles with no passing lane. The truck was averaging 10 mph BELOW the speed limit during that entire time, and had certainly accumulated more than 5 cars following it, with me being the first. As a passing lane appeared, I moved to the left to utilize the passing lane. With the extra space and the chip on the shoulder that people towing large objects sometimes have, this truck also sped up when the passing lane appeared. In order to execute the pass, I accelerated, unaware of exactly what speed I was going but only concerned with getting in front of the vehicle and moving to the right (as there was a line of cars behind me) to safely complete the pass. Because the truck accelerated with the passing lane, I may have exceeded the speed limit to complete the pass, but my focus was not on my speed but on executing the pass safely and to allow cars behind me to also complete the pass, as cars behind me were also moving into the passing lane. As I completed the pass, I saw the officer pull out of a shoulder and move to follow me.

How good is my defense here? I am well aware that the 55mph on a 2-lane highway is quite absolute and harder to defend than 22350, but I cannot go to traffic school and want to fight this if possible, as I don't see serious downsides to fighting it. I can also hope that my discovery request is ignored/takes too much time and/or the officer doesn't show up, but in the case the officer shows up I want to have the best possible thing to say.

Lastly - I'm almost certain this isn't relevant - the officer transcribed my birthday incorrectly on the ticket and was off by 10 years (he wrote 93 when it should have been 83, month and date were right).

It is clear this officer was positioned to catch people trying to pass slow vehicles after a 10 mile stretch without a passing lane. While this is not my defense I just have to say that's pretty slimy. I had just spend 1 hour with cruise control set at the speed limit. How frustrating. I did learn from all this that speed limits in California are absolute, with no exceptions made to passing, whether in a dedicated passing lane or on the left side of a 2-lane highway! Go figure. Perhaps this was one of the questions I missed when taking my driving test 15 years ago....

Thank you.

 

[whttiger25]

Let's distill it:

Your defense is that you were, in fact, doing exactly what you are accused of.

Ok fine, but based on my story is there anything you would do to fight it or just give up?

 

[Zigner]

I had just spend 1 hour with cruise control set at the speed limit. How frustrating.

Darn those laws.

Seriously, with your attitude, perhaps it's time that you suffered a real penalty. Maybe it will help you slow down some...

 

[whttiger25]

Darn those laws.

Seriously, with your attitude, perhaps it's time that you suffered a real penalty. Maybe it will help you slow down some...

Wow, how judgemental you are. I actually rarely speed at all. Usually I'm in the #3 or #4 lane with cruise control watching everyone zoom by me. So this ticket stings a bit with injustice for me. But I'm glad you feel like you know how I tend to drive.

 

[Zigner]

Wow, how judgemental you are. I actually rarely speed at all. Usually I'm in the #3 or #4 lane with cruise control watching everyone zoom by me. So this ticket stings a bit with injustice for me. But I'm glad you feel like you know how I tend to drive.

Yet you're not eligible for traffic school. The only reason for that is your poor driving history.

 

[whttiger25]

Yet you're not eligible for traffic school. The only reason for that is your poor driving history.

Yup. Fine. 10 months ago I was going 65mph in a 55mph construction zone on a highway that usually has a 65mph speed limit. So yes, I've made mistakes in the past, but are you so perfect that you can talk down to me like this? The ticket 10 months ago caused me to change my driving style and focus on keeping my speed down. Since my last ticket I really have tried to adjust my driving, and I have succeeded, Except when passing this damn RV. So please, don't judge me, my driving record, or my driving safety. I am really feeling that despite trying to drive safer and slower, I still got screwed at the most inopportune time. It sucks.

 

[proud_parent]

It is clear this officer was positioned to catch people trying to pass slow vehicles after a 10 mile stretch without a passing lane.

I doubt it.

Passing slow vehicles is not the issue. Exceeding the speed limit in order to do so is.

I had just spend 1 hour with cruise control set at the speed limit. How frustrating.

And the frustrating part about that was... what, exactly?

 

[OHRoadwarrior]

I can sympathize to a point. Many decades ago, I received a safe driver discount from my insurance, which coincided with a warning from the state about getting a suspension if I acquired a few more points. This was not considering the points I had acquired in another state, prior to moving. The point is you should consistently drive slower and use your cruise. The system is not so forgiving now.

 

[whttiger25]

I doubt it.

Passing slow vehicles is not the issue. Exceeding the speed limit in order to do so is.




And the frustrating part about that was... what, exactly?

First, we all know cops position themselves in a particular spot because they believe they have a high chance of catching speeders in that spot. So I don't think it's unlikely that cop chose that spot because of the passing lane....

It was frustrating that I had been good for so long, only get get nabbed the first time I sped AND when I thought it was justified.

If you don't exceed the speed limit at all to pass, you will almost never, ever successfully pass, because these vehicles almost always speed up when the extra passing lane is added. What if you start to pass, and the vehicle speeds up, and the lane is ending? Does the law expect you to slam on your breaks to move back behind the slower vehicle? What if you have a car behind you trying to pass as well? Is it actually safer to brake than to speed up? I don't think so.

Whatever, I'm bitter because I was, overall, driving extremely safe throughout that entire drive. I didn't deserve it, regardless of my speed in that moment. I have learned my lesson, only wondering from you all if there si any benefit to trying to fight it, but instead everyone here seems to want to judge my driving ability.

Whoever has not sinned, throw the first stone...

Jon

 

[Zigner]

It was frustrating that I had been good for so long, only get get nabbed the first time I sped AND when I thought it was justified.

If you don't exceed the speed limit at all to pass, you will almost never, ever successfully pass, because these vehicles almost always speed up when the extra passing lane is added. What if you start to pass, and the vehicle speeds up, and the lane is ending? Does the law expect you to slam on your breaks to move back behind the slower vehicle? What if you have a car behind you trying to pass as well? Is it actually safer to brake than to speed up? I don't think so.

Whatever, I'm bitter because I was, overall, driving extremely safe throughout that entire drive. I didn't deserve it, regardless of my speed in that moment. I have learned my lesson, only wondering from you all if there si any benefit to trying to fight it, but instead everyone here seems to want to judge my driving ability.

Whoever has not sinned, throw the first stone...

Jon

Why did you have to pass the other party if they were doing the speed limit already?

 

[OHRoadwarrior]

I can remember times decades ago when it was acceptable to speed in certain areas. I have passed patrol cars doing 95 in a 55 where they were doing about the same. The climate has changed. We are expected to change with it.

 

[Zigner]

I didn't deserve it, regardless of my speed in that moment.

Yes, you did. This isn't a matter of karma, it's a simple matter of you violating the law.

 

[whttiger25]

Why did you have to pass the other party if they were doing the speed limit already?

They only did the speed limit (more than it actually) while the passing lane existed. When it was single lane they were doing 45mph or less consistently for 10 miles. They then sped up when the passing lanes appeared. I would assume they would slow down again once the passing lane ended. This has been my experience the vast majority of the time in similar situations. When a vehicle is not comfortable driving the speed limit on a 2-lane road, they are often comfortable driving faster when they get an extra lane. Either that, or they are bitter about getting passed and speed up intentionally. I'm sure that's true for some....

 

[whttiger25]

Yes, you did. This isn't a matter of karma, it's a simple matter of you violating the law.

I'm well aware that I violated the law, Zigner. You must be a perfect driver? Every day, and even on that drive, I see/saw so many people doing much more egregious things. It's frustrating to be the one picked out of that mess. If your advice is just to pay the ticket and move on, fine. But you and I both know that there are plenty of situations when guilty people go free with these things, and the reason I posted the question here is just to see if anyone has had similar experiences, or advice. Not to judge whether or not I am actually guilty, because yes, I did exceed the speed limit.