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  1. #1
    Join Date
    Nov 2010
    Posts
    5

    Default Ticketed for Speeding, but was Only Speeding While Passing

    My two questions involve a speeding ticket from the State of: California (issued in Nevada :-).

    1.) I have received my ticket (a 22349 b VC one) from a California Highway Patrol officer, but I was over the California state border and well into Nevada by the time I got stopped (and maybe also already by the time of the alleged violation).

    QUESTION 1: Do I have an argument that the officer was outside of his jurisdiction (or however this would be formulated)?

    2.) I went fast only in the moment of passing another car that went some 10 miles below the speed limit of 55 mph (I drove below the speed limit before and at the speed limit after accomplishing the passing, although I was busy looking for oncoming traffic, thus I do not know whether I was in fact speeding or not during the passing, although I doubt the actual ability of my old little car to accelerate from some 45 mph to 71 mph in such a short time).

    QUESTION 2: Is it helping me any that the alleged violation occurred only while passing?

    Thank you very much,
    Antonie

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Ticket Issued Across State Border; Speeding Only While Passing. Do These

    1) Perhaps. However, if the officer was trying to catch up... no. If there is a reciprocal agreement between the two jurisdictions, no.

    2) Of course not. You are not allowed to speed when passing.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Ticket Issued Across State Border; Speeding Only While Passing. Do These

    There are statutes covering this in both states. The stop would be good from the jurisdiction perspective.

  4. #4

    Default Re: Ticket Issued Across State Border; Speeding Only While Passing. Do These

    Does California not have anything like this? I couldn't find anything. If not, that sucks.

    RCW 46.61.425 (WASHINGTON CODE, NOT CALIFORNIA)
    Minimum speed regulation — Passing slow moving vehicle.


    (1) No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law: PROVIDED, That 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 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.

    (2) Whenever the secretary of transportation or local authorities within their respective jurisdictions determine on the basis of an engineering and traffic investigation that slow speeds on any part of a highway unreasonably impede the normal movement of traffic, the secretary or such local authority may determine and declare a minimum speed limit thereat which shall be effective when appropriate signs giving notice thereof are erected. No person shall drive a vehicle slower than such minimum speed limit except when necessary for safe operation or in compliance with law.

  5. #5
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Ticket Issued Across State Border; Speeding Only While Passing. Do These

    Quote Quoting Gravity
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    Does California not have anything like this? I couldn't find anything. If not, that sucks.
    Nope! Washington is the ONLY state (as far as I am aware) that has such a statute!

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Ticket Issued Across State Border; Speeding Only While Passing. Do These

    We have an impeding statute, but none that authorizes exceeding the speed limit to pass such a vehicle.

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