CHP Officer Gave Me a Speeding Ticket for My "Passing" Speed

[YosemiteJim]

My question involves a speeding ticket from the State of: California, Los Angeles County.

I was following a guy in the left hand lane of a 3 or 4 lane freeway, going 60mph in a 65. After about 3 miles of this, I moved one lane to the right to pass the guy. Being L.A., as soon as I put on my turn signal to move back into the left lane, the guy started to speed up. So I punched it to complete the lane change. I was just completing this while going over the crest of a hill that also turned to the right. The CHP officer was sitting on the other side with the radar gun and claimed I was going 86 mph. I was absolutely blown away by that. I told him I had just finished passing the car behind me and he identified the model and color of the car I was talking about. He then went back to his car with my info, came back, and handed me the ticket. I asked him about the fact that I was passing the car and he didnt' even want to discuss it. He just had me sign the ticket and told me I could fight it if I wanted to or go to traffic school for it, knowing I live more than 300 miles away from there. Is passing another car a legitimate excuse? Two minutes prior to this and he would have clocked me at 60 mph. Two minutes later and he would have clocked me at around 70 mph. But 86??? No way! I drive a truck, not a Porsche. This is my first speeding ticket in 30 years of driving. What are my options here? If there's 3 or 4 lanes of traffic in each direction, is passing a car a legitimate excuse for exceding the speed limit? This officer didn't want to tell me anything about it.

[adam_]

No, not an excuse.

You got very unlucky. Bummer

You CAN take traffic school (only idiots go to the classroom style)...do the online version while watching TV!

(Here is a trick- copy each 'section' of the online 'lesson' into a word document...then when you take the test at to the the end of the module, just go to the word docuemnt you've copied and saved to find the answers traffic questions, AND the stupid nonsense questions they embed to make you pay attention. Did it in 2.5 hours one evening last time (about 4 years ago))

You can try and fight it- maybe get lucky- but some courts in Socal will take away traffic school as an option if you try and fight

[jk]

Is passing another car a legitimate excuse?

Only in the state of Washington.

[sniper]

Is passing another car a legitimate excuse?

Not in California.

The fact that you "punched it" to get past the guy indicates to me that you MAY have exceeded 70 MPH. The fact you drive a truck has no bearing on the fact you were observed speeding at the time the officer saw you.

[adam_]

the fact you were observed speeding at the time the officer saw you.

I'm sorry, but how is this a "fact"? Isn't this an assertion? or allegation?

I know, I know- if a cop says it, it is true, and should not be questioned.

[HonkingAntelope]

I'm sorry, but how is this a "fact"? Isn't this an assertion? or allegation?

I know, I know- if a cop says it, it is true, and should not be questioned.

That's what the officer will testify to in court, and that pretty much makes it a fact.

In CA, you may not exceed the maximum speed of 65mph even if your own kid is bleeding from mouth, nose, and ears in the backseat and your cell phone decided to take the rest of the day off. Passing another car is not a legitimate reason to exceed the maximum speed.

[YosemiteJim]

The fact that you "punched it" to get past the guy indicates to me that you MAY have exceeded 70 MPH.

Yes, I did excede the speed limit for a very short duration of time. By how much, I don't know because I was checking my mirrors to change lanes. As I mentioned, I was driving below the speed limit for several miles before deciding to pass this guy. And as soon as I put on my turn signal to move back into that lane, he sped up to prevent this and I sped up as well in order to complete the lane change. It was just bad timing that I was completing this lane change, and at maximum speed, while going over the crest of a small rise in the fwy with a CHP officer on the other side with radar. Had he been 2 miles north, he would have clocked me going 60. Had he been two miles south, he probably would have clocked me somewhere between 65 & 70. But he was there for that brief snapshot in time when I was passing.

So if I'm understanding things correctly, if I'm on a two lane road/hwy, it's legitimate to excede the speed limit while passing (facing oncoming traffic). But on a fwy where there are two or more lanes of traffic in each direction, it's never legal to excede the speed limit, even to pass. Is that correct? Like I said, I tried to ask this CHP officer, but he only seemed interested in handing me my ticket and getting on with his day. His response to my question was, "Signing here isn't an admission of guilt. You'll be provided with information in the mail on how to fight it if you choose to do so." To me, that response made it sound like I had a legitimate argument to make about passing, if I could prove I was passing. If it's illegal, period, then why not just tell me that instead of telling me I could go to court to fight it?

My point about driving a truck is that I'm not some speed freak who goes flying down the freeway at 86 mph. My previous truck could barely even manage 70 mph. It's not a legitimate defense for speeding if I was speeding. I only mentioned it to state that I'm not a speeder. I'm proud of the fact that after 30 years of driving, I've never received a speeding ticket, or ticket for any other moving violation. If I was the kind of guy who regularly drove 86 mph, I'd have other speeding tickets in my past and I probably would not have purchased a truck as my primary vehicle. My argument was that I exceded the speed limit for a VERY short duration of time to pass another car. I thought it was legal to do that.

[jk]

My argument was that I exceded the speed limit for a VERY short duration of time to pass another car. I thought it was legal to do that.

as I stated; I believe Washington is the only state to allow a driver to temporarily exceed the speed limit while passing and I am sure there are limitations to that as well.


and your claim that "it's a truck" is inconsistent with your actions. You use the claim of "it's a truck" to infer it is slow and lacking power yet your actions of accelerating to get ahead of the person who was also accelerating as you attempted to pass him seem to indicate you believed the truck had more than adequate power to out accelerate this other driver. Maybe that is why you ended up at 86 mph. You were in effect racing him and obviously you won.

So if I'm understanding things correctly, if I'm on a two lane road/hwy, it's legitimate to excede the speed limit while passing (facing oncoming traffic). But on a fwy where there are two or more lanes of traffic in each direction, it's never legal to excede the speed limit, even to pass. Is that correct?

Not in California.

[That Guy]

So if I'm understanding things correctly, if I'm on a two lane road/hwy, it's legitimate to excede the speed limit while passing (facing oncoming traffic). But on a fwy where there are two or more lanes of traffic in each direction, it's never legal to excede the speed limit, even to pass. Is that correct?

Incorrect... On a freeway, you may not exceed the 65mph limit (unless posted at 70mph)... even IF you're passing. (See VC 22349(a)).

On a 2 lane highway, you may not exceed the 55mph limit (unless posted for a higher limit)... even IF you're passing. See VC 22349(b)).

If it's illegal, period, then why not just tell me that instead of telling me I could go to court to fight it?

Because you have the right to fight it. Even IF you want to admit to committing the violation.

My argument was that I exceded the speed limit for a VERY short duration of time to pass another car.

And that would be an admission of guilt, not a "defense argument".

[YosemiteJim]

Because you have the right to fight it. Even IF you want to admit to committing the violation.

My point was that I was asking him about what the law was and my understanding that it WAS legal to excede the speed limit for a short duration while passing. He didn't tell me that my understanding of the law was incorrect. In response to my question, he only said I had the right to fight it in court.

Jim: "But I was just finishing passing that Ford Explorer."
CHP: "The red one?"
Jim: "Yes. Aren't I allowed to excede the speed limit for a short duration in order to pass a slower moving car?"
CHP: "Please sign here. Signing isn't an admission of guilt. You'll receive information in the mail if you'd like to dispute it in court."

The whole reason for me seeking out this website is to get my question answered (which it has been, thank you). But the dialog with this officer made it sound like my understanding of the law was correct. I asked him a direct question and he tells me I can fight it in court. Why not just answer my question?