Ticketed for Passing

[leashg8]

My question involves a speeding ticket from the State of: NY
I recently recieved a speeding ticket. Which I would be fine with except I was passing at the time I was speeding. It was dark out and I was following the same vehicle going 10 miles under the speed limit for 15 min. I decided to pass when I had an opportunity to. I am nervous passing so I waited for what I thought looked like a safe place. While passing at about 5 miles over the limit, I noticed headlights that seemed to be approaching quickly. My only option was to go forward because there was a car following closely behind the vehicle I had just passed and slowing to go back to where I started was not an option. My car doesn't have great get up and go, so I had to slam the pedal down. I made it barely it seemed. Then I saw the vehicle break, turn around and sirens blaring. Oh No, That was the last thing I needed. I explained to the officer that I felt that it was an unsafe passing zone and the response was, then why did you decide to pass unsafely. I didnt know it was unsafe until just now when I passed on it. Well, how often do you drive on this road. All the time officer but I dont know it by heart. Well you were passing two vehicles and that concerns me. No I was not officer, the second vehicle was behind me when I passed, it is my boyfriend. I explained that I had no other option or I would have been in an accident with him. He came back to my window with a ticket anyway. I told him I have a trooper, a sheriff, and a correctional officer in my immediate family and that because of that I never speed and he responded with. Well mam you should have told me that before I wrote the ticket. I think that is pathetic. Anyway, If you have any advise I would appreciate it. I can't afford a ticket for 77 in a 55.

[Mr. Knowitall]

A judge will likely be skeptical both that your boyfriend wouldn't have let you merge back in or, if he was that close to the other car, that you could not have dropped back behind your boyfriend's car. I'm not seeing a compelling defense.

[leashg8]

I was just forced to think quickly and I thought I was to far ahead when I spotted the cop coming at me. Maybe I made the wrong decision but at the time I thought I was saving myself from an accident. I just feel that he could have made an exception. I don't normally speed. What is concidered an acceptable speed for passing.

[sniper]

What is concidered an acceptable speed for passing.

Minnesota, Montana and Washington allow drivers to exceed the speed limit while passing on two lane roads.

I wasn't able to find anything about New York allowing exceeding the speed while passing. I'm guessing anything over the limit is not allowed.