I'm a Canadian resident recently pulled over in New York. I was clocked while overtaking cars in a passing zone. The cars were traveling the speed limit (which I was unaware was 10mph lower than the state speed limit in this stretch of the highway).
I was given two tickets, one for 32 MPH over the posted limit and the other for improper passing.
My first concern is getting tickets for a passing speed, which is extremely unreflective of the kind of speed I would ever consider driving in a non-passing situation in this road.
Secondly, it was a passing zone with a broken line.
Third, the wording on the deposition is incorrect as to my answers to the two questions:
"Do you know why I pulled you over?"
"Do you know how fast you were going?"
The wording on the deposition is very similar to the answers I gave, but with the word"unsafe" added to my answer to the first question and only part of my answer was recorded for the second.
Fourth, When the officer presented me with the tickets he told me that if I plead guilty it would just be a fine. I wouldn't have to worry about impact on my provincial driving record, or my insurance going up, and I could just pay it and it shouldn't be too much and won't affect me in my home province.
It turns out it will affect me in my home province, where the tickets will be assessed as if I had been ticketed in my home province with the usual impact on my record, points and insurance premiums raised.
I have sent the ticket back with a not-guilty plea.
Question 1: Does the inaccuracy of the deposition or the poor information provided by the officer while I was pulled over have any bearing on the ticket?
Question 2: Does the fact that he clocked my passing speed, and not speed in-lane have any bearing on the speeding ticket?
Question 3: Does passing cars that were doing the speed limit constitute improper passing?