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  1. #1
    Join Date
    Feb 2010
    Posts
    1

    Default Improper Passing, Intersection

    My question involves a traffic ticket from the state of: Illinois

    Hello All,

    Earlier this evening I was driving down a single lane street (one lane in each direction) when I came up to a vehicle that was stopped and signaling for a left turn. I proceeded to slow down and pass him on the right (through an uncontrolled intersection) and continue on my way. I was then promptly stopped and cited for "Improper passing, intersection" (ILCS Ch. 625, Act 5, Sec. 11-706. This section states:

    " (625 ILCS 5/11‑706) (from Ch. 95 1/2, par. 11‑706)
    Sec. 11‑706. Further limitations on driving to the left of center of roadway. (a) No vehicle shall be driven on the left side of the roadway under the following conditions:
    1. When approaching or upon the crest of a grade or a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction.
    2. When approaching within 100 feet of or traversing any intersection or railroad grade crossing.
    3. When the view is obstructed upon approaching within 100 feet of any bridge, viaduct or tunnel.
    (b) The limitations in sub‑paragraphs 1, 2 and 3 do not apply upon a one‑way roadway nor upon a roadway with unobstructed pavement of sufficient width for 2 or more lanes of moving traffic in each direction nor to the driver of a vehicle turning left into or from an alley, private road or driveway when such movements can be made with safety.
    (Source: P.A. 79‑1069.)"

    My question is whether I could contest the charges on the basis that I did not cross to the left of the center of the roadway?

    Thanks in advance.

  2. #2
    Join Date
    Jan 2006
    Posts
    27,812

    Default Re: Improper Passing, Intersection

    . I did not find anything applicable to an intersection specifically.

    (625 ILCS 5/11‑704) (from Ch. 95 1/2, par. 11‑704)
    Sec. 11‑704. When overtaking on the right is permitted. (a) The driver of a vehicle with 3 or more wheels may overtake and pass upon the right of another vehicle only under the following conditions:
    1. When the vehicle overtaken is making or about to make a left turn;
    2. Upon a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.
    3. Upon a one‑way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for 2 or more lines of moving vehicles.
    (b) The driver of a 2 wheeled vehicle may not pass upon the right of any other vehicle proceeding in the same direction unless the unobstructed pavement to the right of the vehicle being passed is of a width of not less than 8 feet.
    (c) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. Such movement shall not be made by driving off the roadway.
    (Source: P.A. 84‑873.)
    I am not sure you have broken this law though but you surely did not break the section cited.

    I could find no other section applicable. So, basically the section you were charged with is not applicable as you did not pass on the left so, you are not guilty of that charge. Now, is what you did illegal by this section?. #2 appears to be the only part that is in question from what I see.

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