Re: 93 in a 55 to Pass a Single Car in a Passing Zone
JK, Speedy is right. However, if you can drive the speed limit approaching another car driving BELOW the speed limit, pass that car at 200 MPH, pull back in, and slow to the speed limit, go for it -- your car is much more macho than mine.
The point is that the "speed" you travel and the distance that you travel at that speed must be "necessary" to complete the pass "with a reasonable margin of safety". You might argue that: if you need to pass at such a high rate of speed to pass safely, you should have waited. But, that's not what the law says, nor requires.
On another note, this is one of those situations where an "expert" on RADAR would be really helpful. The "fastest" mode of a RADAR does NOT distinguish how far away the target is. The Bee III has a range of 4,000 feet. The fastest moving target in that range will be displayed on the "fastest" window of the RADAR. In order to establish that YOURS was the vehicle being "clocked", the officer SHOULD have mentioned that: As the defendant's vehicle passed the other vehicle, the speed in the "fastest" window replaced the speed in the "target" window -- verifying that the defendant's vehicle was, indeed, the vehicle that originally appeared in the "fastest" window. Since the officer failed to indicate that, we must assume that the vehicle in the "fastest" window was still up to 4,000 feet away, as car 1's speed was still in the "target" window.
Unfortunately, that requires "expert" testimony to get that kind of information introduced into evidence.
Where am I going? And why am I in this handbasket?