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Speeding While Passing Slow Traffic

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jacked

Junior Member
In California is it legal to speed briefly to pass slower traffic? What are the details for that? I need an answer soon since I am going to court today shortly.
 


jacked

Junior Member
I passed a car on my motorcycle at a break in the carpool lane (no lane splitting) and a bit later was pulled over for speeding. The cop said I was doing about 79mph but he did not follow me for long at all. Is there anything I can say to get off?
 

sandyclaus

Senior Member
I passed a car on my motorcycle at a break in the carpool lane (no lane splitting) and a bit later was pulled over for speeding. The cop said I was doing about 79mph but he did not follow me for long at all. Is there anything I can say to get off?
It's rarely permissible to exceed the speed limit, and especially not when passing another vehicle.

I suggest that you pay your fine and not say much at all. Otherwise, the judge may have a few choice words for you that you would rather not hear on the matter.
 

jacked

Junior Member
Doesn't the officer have to pace you for a certain distance before pulling you over for speeding? He pretty much caught up and then pulled me over. After he caught up I slowed to the speed limit while he turned his lights on.
 

Zigner

Senior Member, Non-Attorney
Doesn't the officer have to pace you for a certain distance before pulling you over for speeding? He pretty much caught up and then pulled me over. After he caught up I slowed to the speed limit while he turned his lights on.
You were nailed.
 

CdwJava

Senior Member
Doesn't the officer have to pace you for a certain distance before pulling you over for speeding? He pretty much caught up and then pulled me over. After he caught up I slowed to the speed limit while he turned his lights on.
There is no specific distance required for apace under CA law. In fact, if the officer is radar certified or can convince the court that he possess the requisite training and experience, he can make the case based upon visual estimation of your speed alone.

And, logically, if he has paced the vehicle you passed and it was doing at or above the speed limit, then you clearly exceeded THAT speed.
 

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