California Speeding 22349 (b) Advice

[Zigner]

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.

I never claimed to be a perfect driver. I am not. I make mistakes and I make intentional transgressions.

The difference is that I don't make excuses for it.

 

[whttiger25]

I never claimed to be a perfect driver. I am not. I make mistakes and I make intentional transgressions.

The difference is that I don't make excuses for it.

Fair enough, no excuses, I broke the law. Still I'm trying to understand the prospect of fighting it anyway.

 

[OHRoadwarrior]

Fair enough, no excuses, I broke the law. Still I'm trying to understand the prospect of fighting it anyway.

Now that we are down to that, as you were advised in another forum, the law generally allows some leeway for speed during passing. You by your own admission decided to speed excessively out of a sense of duty to allow room for the 4 cars behind you to get around also. That was likely why you were ticketed.

 

[4relvr]

I agree with whtt.

Rarely do I see a CHP pull over vehicles holding up a string of cars. Or EVER pulling over someone in the #1 lane because they are impeding traffic.

There is a road sign that says "Slower traffic keep right" or something to that effect.

But no one seems to read that one, and the CHP ignore it as well. But the one they DO decide to enforce is the posted speed limit

When you go to pass a slower vehicle on a two lane road, providing they are driving below the posted speed limit, the safest way to do so is to pass them swiftly so as to return to your lane as soon as possible, I would think. Being 5-10 miles over the limit while doing so, doesn't constitute driving recklessly or without regard for other drivers. Isn't that the true spirit of and the underlining reason for the speed laws? To keep our roads safer for all?

The reason the CHP don't cite slower drivers who hold up other motorists, is because they have a harder time winning those cases in court, even though they may have been correct in writing the citation. Slow cars cause the ones behind them to take risks to get around them so are far more dangerous IMHO!

Factually, more accidents are caused by negligent drivers than speeders.

 

[CdwJava]

I agree with whtt.

Rarely do I see a CHP pull over vehicles holding up a string of cars. Or EVER pulling over someone in the #1 lane because they are impeding traffic.

To be honest, when you see the CHP on the side of the road, you do not know WHY they were stopped.

I've been driving for 35 years and I can probably count on one hand the number of CHP stops I have observed being initiated during that time (not on duty, that is).

There is a road sign that says "Slower traffic keep right" or something to that effect.

But, that doesn't give another driver the right to exceed the max. speed limit.

When you go to pass a slower vehicle on a two lane road, providing they are driving below the posted speed limit, the safest way to do so is to pass them swiftly so as to return to your lane as soon as possible, I would think. Being 5-10 miles over the limit while doing so, doesn't constitute driving recklessly or without regard for other drivers. Isn't that the true spirit of and the underlining reason for the speed laws? To keep our roads safer for all?

But, no provision for this is given in the law, and I would not expect it to be. I wouldn't expect the state legislature to create an exception for passing anytime soon, either.

I live in farm country, and during certain times of year (planting and harvest) the roads are subject to frustrating delays from slow-moving vehicles. You learn to live with waiting to pass, or taking alternate routes if possible.

Or, allow ample travel time to get from point A to point B to account for traffic.

The reason the CHP don't cite slower drivers who hold up other motorists, is because they have a harder time winning those cases in court, even though they may have been correct in writing the citation.

And do you have a cite for this thought? I have never read nor heard this opinion expressed by anyone in law enforcement. Provided there is a valid CVC that has been broken, and the elements are articulated, such an offense would have just as likely a chance of prevailing at trial as any other.

Slow cars cause the ones behind them to take risks to get around them so are far more dangerous IMHO!

No, the cars trying to get around them CHOOSE to take those risks. No one forces a driver to zip around a slower moving vehicle. Yeah, it can be frustrating, but that's the breaks sometime.

Factually, more accidents are caused by negligent drivers than speeders.

How did you determine that? I suppose if you consider everything BUT speed violations, then you'd be correct. The number one cause for collisions in CA is unsafe speed (approximately 31% per the CHP ... check SWITRS). It is almost twice as high as the number two cause which involves right-of way violations, then unsafe turning. So, with nearly 70% of collisions NOT directly related to speed, I suppose that'd be right if you define "negligence" as everything but speed.

As a note, impeding traffic is responsible for 0.04 percent of collisions captured by SWITRS.