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  1. #1
    Join Date
    Apr 2013
    Posts
    22

    Question 85 on 55 Highway While Using Passing Lane to Pass 4 Cars

    My question involves a traffic ticket from the state of: Mariposa, CA

    Hi,

    I was driving on the highway and 4 cars in front of me were driving around 50mph. Then the passing lane started and I accelerated to get past all 4 cars. To get past the very last car I cut a little bit the double yellow line because the passing lane was ending.

    The police officer stopped my and now I got a ticket for 30mph over speedlimit (55mph allowed) and crossing double yellow line.

    What do you think is my best chance to get a mitigation? Plead guilty, not guilty, no contest?
    I have a court appointment in two weeks..

    Thanks, Best,
    Hans

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: 85 on 55 Highway While Using Passing Lane to Pass 4 Cars

    California law has no allowance for exceeding the maximum speed limit while passing. Assuming this was a 2 lane (one lane in each direction) undivided highway, then the 55 mph limit is the statutory limit which really shuts down every avenue for a defense.

    I assume this has a mandatory court appearance and I also assume that it isn't eligible for automatic traffic school.

    My suggestion would be to plead "no contest" (same as a guilty plea) and beg the court to allow you the traffic school option. By doing so you might see a slight fine reduction but you might also be granted the traffic school option which will protect you from any future insurance premium increase due to this one violation.

  3. #3
    Join Date
    Apr 2013
    Posts
    22

    Default Re: 85 on 55 Highway While Using Passing Lane to Pass 4 Cars

    Quote Quoting That Guy
    View Post
    California law has no allowance for exceeding the maximum speed limit while passing. Assuming this was a 2 lane (one lane in each direction) undivided highway, then the 55 mph limit is the statutory limit which really shuts down every avenue for a defense.

    I assume this has a mandatory court appearance and I also assume that it isn't eligible for automatic traffic school.

    My suggestion would be to plead "no contest" (same as a guilty plea) and beg the court to allow you the traffic school option. By doing so you might see a slight fine reduction but you might also be granted the traffic school option which will protect you from any future insurance premium increase due to this one violation.
    The court appearance was not mandatory. I mailed back the form of the courtesy notice with 'not guilty' checked to request a court trial.

    I heard that a lot of judges will mitigate the punishment if you appear in court in person and just plead guilty. A few friends of mine had that.
    Is this common? Are my chances better just pleading guilty than not guilty in order to get a mitigation?

    I actually just would like a chance to explain the situation and hope the judge will give me something.. Also, I read that a plea bargain with the prosecutor might be possible. However, I do not know if this is common with such 'minor' traffic violations.

    Thanks

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