Improper Passing on Left?

What is the name of your state? Washington

First of all, I'm 22 and have a completely clean driving record, not a single moving citation, no accidents. Last week I was driving on a county road and passed two cars. During the process I went 70 in a 55. The officer told me he clocked me passing the first car at 70, but did not clock me passing the second car (don't know if that's relevant, just thought I'd throw it in there). I was ticketed for speeding, which I was, and for "Improper overtaking of a vehicle on the Left". I looked up the exact code that he cited me for on the improper passing, and I do not believe I commited this infraction. The code is located on this link:
[url]http://tinyurl.com/yhfp[/url]
There is no mention of passing two cars, which I thought may have been the issue, and I had WAY more than enough room to make the pass legally (it was a long stretch with no cars coming). Questions:
1) My plan at this point, if indeed I have a case that I did not commit the infraction, is to, if possible, plead mitigating circumstances on the speeding to maybe get it reduced (due to my driving record) and contest the improper driving and get it struck. Bad plan, ok plan, or good plan?
2) Do you think I have a case for not commiting the infraction?
3) If I contest the infraction, is it possible for them to come in and say that I commited something else, like reckless driving or something? Basically what I'm saying is, could they say that yeah, you may not have done what you signed on the ticket, but you did this, or something to that affect.

Thanks in advance, I appreciate any response.

[JETX]

"1) My plan at this point, if indeed I have a case that I did not commit the infraction, is to, if possible, plead mitigating circumstances on the speeding to maybe get it reduced (due to my driving record) and contest the improper driving and get it struck. Bad plan, ok plan, or good plan?"
*** Bad plan. Based on your own post, your passing two cars at the same time is a violation of RCW 46.1.110:
"RCW 46.61.110
(1) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle."

This says VEHICLE and not VEHICLES.

"2) Do you think I have a case for not commiting the infraction?"
*** No.

"3) If I contest the infraction, is it possible for them to come in and say that I commited something else, like reckless driving or something? Basically what I'm saying is, could they say that yeah, you may not have done what you signed on the ticket, but you did this, or something to that affect."
*** They could do that, but it is unlikely.

[racer72]

I got my first ever ticket in 1973 for that exact same reason. Happened on Highway 16 near Gig Harbor, it was a 2 lane road then. And in Washington, you are allowed to exceed the speed limit within reason when passing a vehicle but must return to the posted speed limit immediatly upon entering your designated lane of travel.

RCW 46.61.425
Minimum speed regulation -- Passing slow moving vehicle.
(1) No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law: PROVIDED, That a person following a vehicle driving at less than the legal maximum speed and desiring to pass such vehicle may exceed the speed limit, subject to the provisions of RCW 46.61.120 on highways having only one lane of traffic in each direction, at only such a speed and for only such a distance as is necessary to complete the pass with a reasonable margin of safety.

[abezon]

What county was the infraction in? Some counties will allow you to switch from a contested ticket to mitigation or deferral at court, after you see what the cop wrote on the ticket report.

I can't tell from your post if you have a chance of beating the speeding ticket. IF you can testify convincingly that the passed vehicles were going less than the speed limit, & can explain why 70 was reasonable (plenty of room to pass hurts you here), you might win. Your best hope is that the officer didn't put anything in his report about the speed the passed vehicles were traveling.

You have a chance of beating the improper passing ticket. The law allows you to pass a vehicle & forbids you to move back to the left until you have "safely cleared" the slower vehicle. Given the way WA drivers tailgate, it is often the case that you cannot safely move to the right until you pass both cars. This is even more likely if the first car was traveling under the limit, since WA drivers seem to think the car in front will go faster if they follow closely enough to give it a little push. Were you in a northern county? BC drivers are notorious up here for driving under the speed limit & slowing everyone else down.

Check the tickets & see if you can get a copy of the police report before deciding whether to contest the ticket or request mitigation. You could also request a deferral (guilty plea suspended & wiped out if you go a year without another ticket, fee $75 minimum) but will only get it with one ticket.

You do NOT want the cop testifying, so don't subpoena him. Limit the state to what the cop wrote (& didn't write) in his report.