Speeding while passing

[dest]

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

Was passing a car doing 50 in 55, upon seeing a police officer coming in the opposite direction I increased my speed to 66 mph to avoid a colision (was almost done passing). Was then pulled over and issued a ticket for 66 in 55. Any ideas for defense? Thanks.

 

[justsomecop]

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

Was passing a car doing 50 in 55, upon seeing a police officer coming in the opposite direction I increased my speed to 66 mph to avoid a colision (was almost done passing). Was then pulled over and issued a ticket for 66 in 55. Any ideas for defense? Thanks.

How do you know the other driver was going exactly 50 MPH? I think that if you are deciding to pass you would at least look to make sure it is clear before you make that lane change. What was the distance between you and the police vehicle when you decided to speed up? I would say the cop has got you, and you are lucky you didn't get cited for unsafe lane change, but it is all up to you. Just keep in mind that most police cruisers are equipped with video cameras that catch all of the action on tape. I don't know about your defense in this situation, if you want to use the fact that the car in front of you was impeding the flow of traffic and you decided to pass the vehicle will work? But I don't know if you were in a no passing zone or if you almost caused an accident or what? But hey if you want to fight the citation that is your right. Good luck to you.

 

[FlyingRon]

Almost every time you could speed up and break the law to avoid a collision or other invented reason you could put your foot on the brake an slow down and do the same thing legally and perhaps safer.

Again, you're supposed to not begin the passing maneuver if you can't finish it legally and safely.

 

[HighwayMan]

Passing is usually not a justification for exceeding the posted speed limit.

 

[dest]

I was following the car doing 50 in the 55 for about half a mile at that speed, I let a car go by and then there was no one visibly in the oncoming lane and it was a passing zone. At the point that the officer appeared I had already almost completely overcome the car I was passing and I felt it was safer to accelerate and complete the pass than to brake.

 

[Zigner]

I was following the car doing 50 in the 55 for about half a mile at that speed, I let a car go by and then there was no one visibly in the oncoming lane and it was a passing zone. At the point that the officer appeared I had already almost completely overcome the car I was passing and I felt it was safer to accelerate and complete the pass than to brake.

You were behind him for 30 seconds, more or less and you HAD to be in front of him? You really need to learn a bit of patience.

 

[dest]

Why should I not have passed him when I wanted to do the speed limit and no one was coming?

 

[DRTDEVL]

Why should I not have passed him when I wanted to do the speed limit and no one was coming?

Because "no one" was there to cite you for speeding.

 

[dest]

I can't tell the officer when to appear from around the bend.

 

[Zigner]

I can't tell the officer when to appear from around the bend.

If you couldn't see far enough to pass safely, then you didn't legally pass.

...upon seeing a police officer coming in the opposite direction I increased my speed to 66 mph to avoid a colision

ETA: He probably cut you a break by not also citing you for the unsafe passing...

 

[dest]

In every situation I've seen where a one car is passing another and then a car starts coming in the oncoming lane the car being passed slows down to allow the passer to complete this pass. This is why I accelerated, if I braked and the car beside my braked I would still have nowhere to go.

 

[Zigner]

In every situation I've seen where a one car is passing another and then a car starts coming in the oncoming lane the car being passed slows down to allow the passer to complete this pass. This is why I accelerated, if I braked and the car beside my braked I would still have nowhere to go.

I'm really sorry you're not getting the answers you want to hear. Perhaps you should head to the customer service desk to ask for a refund.

 

[dest]

You're a funny guy/gal Zigner.

 

[I_Got_Banned]

Point is, you were speeding and you were cited for speeding. As for ideas for a defense, if you can somehow prove that you were not speeding, then that's one way. The other way is to try and prove that the officers speed measurement was in error. Otherwise, pay the fine and be done.

Exceeding the speed limit to pass is not a defense, nor is speeding to avoid a collision.