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Can You Legally Speed in Order to Pass a Dangerous Vehicle on a Freeway

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  • 10-10-2011, 08:03 PM
    new98277
    Can You Legally Speed in Order to Pass a Dangerous Vehicle on a Freeway
    My question involves a traffic ticket from the state of: Washington

    I was traveling on I-5 and was doing the speed limit until I came behind a large semi-truck. I was told in drivers education, and by my father (a paramedic with over 25 years of service) that following a semi or other large truck is always a bad idea and to pass whenever it is safe. The dangers include objects flying off the trucks, tires blowing out, and lane changes when you are in there blind spot. Not to mention the serious lack of road visibility you have when you are following them, even when at a safe distance. I was traveling southbound I-5 and was in a two lane section of road. The truck was traveling under the speed limit by a few mph. The ticket said I exceeded the speed limit by 11mph and the officer told me he clocked me while passing the truck. I was pulled over after changing back to the right lane and slowing down to the speed limit. Do I have a case to have this dismissed? I passed out of safety and I did so safely and reasonably.

    This forum is great! thanks:)
  • 10-10-2011, 09:53 PM
    Disagreeable
    Re: Laws Agenst Speeding While Passing a Dangerous Vehicle on a Freeway
    No you do not. There was no justifiable reason to speed, when passing. You could have slowed down, leaving plenty of distance between vehicles.
  • 10-11-2011, 08:40 AM
    Speedy Gonzalez
    Re: Laws Agenst Speeding While Passing a Dangerous Vehicle on a Freeway
    No. You may only exceed the speed limit while passing in Washington under certain circumstances. To qualify:

    1. It must be a two lane road. This means one lane of travel in either direction and no center turn lane.
    2. It must be a legal passing zone. This means a broken line on your side of the road.
    3. You may only exceed the speed limit WHILE making your pass, and slow down immediately afterward to at or below the speed limit.
  • 10-11-2011, 10:55 AM
    flyingron
    Re: Laws Agenst Speeding While Passing a Dangerous Vehicle on a Freeway
    Unless the truck was dropping stuff actively, you were told wrong. It's probably safer to be behind most big rigs than in front of them.
    I've got two dead and one paraplegic friend from being run down in separate accidents.
  • 10-11-2011, 12:12 PM
    sniper
    Re: Laws Agenst Speeding While Passing a Dangerous Vehicle on a Freeway
    ^^
    Correct.

    If big rigs were so dangerous, they would not be allowed on the road. You were told wrong. If you don't want a broken windshiled or don't want to rear end them if they get a sudden tire blow out then.............................................. .................................................. .................................................. .................................................. ..................... .................................................. .................................................. .................................................. ...................... .................................................. .................................................. ............................................ .................................................. ......................................quit tailgating them....if you are not safe even at a safe distance like you say, you are not at a safe distance...

    Quote:

    The dangers include objects flying off the trucks, tires blowing out, and lane changes when you are in there blind spot. Not to mention the serious lack of road visibility you have when you are following them, even when at a safe distance.
  • 10-12-2011, 06:41 AM
    new98277
    Re: Laws Agenst Speeding While Passing a Dangerous Vehicle on a Freeway
    To sniper, what I was getting at was moving past a truck that is going under the limit. While passing you are right in the trucks tire danger zone. I understand it is a slim chance of a blow out, or the truck merging into you, however it has happened and it is safer to move past in an expidited mannor when safe. my question is simply will the courts examin this factor and possably agree with me?
  • 10-12-2011, 06:58 AM
    blewis
    Re: Laws Agenst Speeding While Passing a Dangerous Vehicle on a Freeway
    Quote:

    Quoting new98277
    View Post
    To sniper, what I was getting at was moving past a truck that is going under the limit. While passing you are right in the trucks tire danger zone. I understand it is a slim chance of a blow out, or the truck merging into you, however it has happened and it is safer to move past in an expidited mannor when safe. my question is simply will the courts examin this factor and possably agree with me?

    Most likely NO, they will not. Speedy already gave you the gist of the law, but here it is:

    Quote:

    Quoting RCW 46.61.425
    [A] person following a vehicle driving at less than the legal maximum speed and desiring to pass such vehicle may exceed the speed limit, subject to the provisions of RCW 46.61.120 [which limits when you can pass] on highways having only one lane of traffic in each direction, at only such a speed and for only such a distance as is necessary to complete the pass with a reasonable margin of safety.

    On a freeway, you are expected to obey the speed limit.

    Barry
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