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  1. #1
    mr.dude is offline Junior Member
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    Speeding While passing

    What is the name of your state (only U.S. law)? OR
    Ok so here is what happened, I was driving on highway 30 coming from Astoria, there was a pickup-truck in front of me. When passing became allowed, I've decided to pass it, crossing dashed yellow lane, as I started passing I've increased my speed and saw that there is a car coming around the corner going head on to me, so I increased my speed even more to complete the passing in the safe manner, the car that was coming at me was a cop, and apparently he clocked me at 75 miles per hour in a 55 mile zone when I was passing. What are my chances to win the case?
  2. #2
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    Officers sometimes dont show up.
  3. #3
    The Occultist is offline Senior Member
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    You are not allowed to increase your speed in such a manner.

    Quote Originally Posted by mr.dude View Post
    saw that there is a car coming around the corner going head on to me, so I increased my speed even more to complete the passing in the safe manner
    This was my favorite part of your post. What you described was NOT safe; there are very few situations (read: none) where increasing your speed to 20mph above the limit makes a situation safer.
  4. #4
    WaltinPA is offline Member
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    I understand OP's frustration.

    I got pulled over and cited for speeding about two years in WV. I happened to be passing. During the traffic stop, the officer told me that (in his state), it is illegal to exceed the speed limit while passing.

    During driver's training in high school (late 1960s), our instructor explained that in a passing situation on a two lane road that your vehicle is vulnerable partially because of the combined speeds of your vehicle and any vehicle in the oncoming lane. His conclusion was to speed up to complete the pass and get out of the opposing lane in the minimum distance of roadway and time. The officer informed me that the instructor had taught us wrong.

    Any deal you can negotiate will beat trying to argue your side in a courtroom.
  5. #5
    Kiawah is offline Senior Member
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    At 75 mph the OP is traveling 110 ft / sec. If we assume the truck that he was passing was doing 50mph (has to be less than 55mph, else why pass it?), then that vehicle was traveling 73 ft / sec. So in one second of this speed differential, you are traveling twice the length of a car.

    If you had passed the other vehicle passing at 60 mph, then that is 88 ft/sec and 15 ft / sec faster than the other vehicle. So in a very reasonable distance, you could have been around the other vehicle. The numbers get even less favorable for the OP if the truck was going even slower.

    I think you'd be hard pressed to explain why you needed to exceed the speed limit by 20 mph to make a safe pass. You'll get caught up in the argument that then says you shouldn't have tried to pass in the first place, if you didn't have enough visibility and safe distance. If you assume you were five car lengths behind before the pass, five car lengths ahead before pulling back into the lane, and 1 car length to pass.....that's 220 ft and 15 seconds at 60 mph. Add a little time to accelerate from 50 up to 60, if you want. Still no need to go to 75mph.
    Last edited by Kiawah; 06-15-2010 at 04:46 PM.
  6. #6
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    0+1=guilty

    If found to be exceeding the speed limit by even 1 mph, that will be guilty. From there its probably a calculation for determining how much you pay based on your speed.
  7. #7
    The Occultist is offline Senior Member
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    Quote Originally Posted by WaltinPA View Post
    During driver's training in high school
    The biggest problem with such courses (and I've had similar concerns about food management classes back in the day) is that a lot of what they teach isn't "the law". Heck, even the training book you pick up at the DMV has more "good ideas" than actual laws. I agree, very frustrating.
  8. #8
    mr.dude is offline Junior Member
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    Yeah, I know I have little excuse, well I'll see what happens in the court room, my primary argument will be based on that I am from the state that allows exceeding speed limits while passing (WA), I will keep my fingers crossed and hope the judge will knock down a significant amount of the ticked.
  9. #9
    Zigner is offline Senior Member
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    Quote Originally Posted by mr.dude View Post
    Yeah, I know I have little excuse, well I'll see what happens in the court room, my primary argument will be based on that I am from the state that allows exceeding speed limits while passing (WA), I will keep my fingers crossed and hope the judge will knock down a significant amount of the ticked.
    You are required to be aware of the laws for the state that you are driving in. Your tactic might actually upset the judge even more, since you have no regard for the laws of HIS state.


    I'm just sayin'...
  10. #10
    mr.dude is offline Junior Member
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    I won't pose such statement as a demand, but rather as an excuse for not knowing, which I really did not know, for if I knew this was not allowed I would not have done it in the first place, I always thought that such maneuvers were allowed and was surprised when I got pulled over.
  11. #11
    Zigner is offline Senior Member
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    Quote Originally Posted by mr.dude View Post
    I won't pose such statement as a demand, but rather as an excuse for not knowing, which I really did not know, for if I knew this was not allowed I would not have done it in the first place, I always thought that such maneuvers were allowed and was surprised when I got pulled over.
    Your state is definitely in the minority on this law...
  12. #12
    FlyingRon is offline Senior Member
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    Quote Originally Posted by Zigner View Post
    Your state is definitely in the minority on this law...
    No it isn't. It's in the majority. The poster is mistaken. Washington has NO such exception.
  13. #13
    HighwayMan is offline Senior Member
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    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.
  14. #14
    Zigner is offline Senior Member
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    Quote Originally Posted by FlyingRon View Post
    No it isn't. It's in the majority. The poster is mistaken. Washington has NO such exception.
    6% of states have this exception

    ETA: Including Washington - as posted above by Highway Man
  15. #15
    ShyCat is offline Senior Member
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    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.

    The OP did not state that he passed someone driving slower than the legal speed limit.

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