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  1. #1
    Join Date
    Dec 2014
    Location
    Seattle, Washington, United States
    Posts
    3

    Post Speeding Ticket After Passing a Slow Moving Vehicle

    My question involves traffic court in the State of: Washington (WA)

    I just read Barry's EXCELLENT Procedural Guide to Traffic Tickets in Washington State Thread. Wow Wish I'd read that a few months back.

    I used Barry's template and created a discovery request, but my pre hearing is tomorrow... so I didn't do that in time. Regardless of my outcome (which I'll update on later), I'm curious how to understand the law in this situation.

    Are there examples of how to fight speeding after or during passing based on this RCW 46.61.425 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.
    I would think my passing and speeding while doing so was perfectly legal, but the officer obviously didn't agree and expected me to slow down immediately or potentially not speed...

    Detailed Description:

    • I merged on to Westbound S 277th St in Kent/Auburn (from 108th Ave SE headed northbound).
    • This road has a significant downgrade in this direction.
    • I merged in behind three semi trucks doing about 30 - 35 mph in the 50 mph zone.
    • I pulled into the left lane (2 lanes each direction) and passed them.
    • After passing them I pulled back into the right lane.
    • I did not immediately hard brake after passing the trucks, but slowly decelerated.

    After hitting the flat at the bottom of the hill the officer pulled me over and told me I was speeding.
    • I asked him if my pass was safe and he said yes.
    • He said the issue wasn't passing, but speeding.
    • I said thank you and took the ticket.


    Thanks for any insights.

  2. #2
    Join Date
    Dec 2008
    Posts
    627

    Default Re: Speeding Ticket After Passing a Slow Moving Vehicle

    Well since you admit that you had a 2nd driving lane completely clear for you to drive at whatever speed you wished, then there was no reason for you to exceed the posted limit to move past the other vehicles.

    I suspect that the statute you quoted refers to passing in single lane situations where you need to get around other vehicles and get back into your own lane, but in your situation you did not need to get back so had no need to speed.

  3. #3
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: Speeding Ticket After Passing a Slow Moving Vehicle

    It does not seem like this statute applies to your situation.

    (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.

    Quote Quoting CleanLogic
    View Post
    [*]I pulled into the left lane (2 lanes each direction) and passed them.
    I think you need to read the statute a bit more carefully.
    Behind the badge is a person. Behind the person is an ego. This is as it should be, person at the center and ego to the back.

  4. #4
    Join Date
    Dec 2014
    Location
    Seattle, Washington, United States
    Posts
    3

    Default Re: Speeding Ticket After Passing a Slow Moving Vehicle

    Quote Quoting PTPD22
    View Post
    It does not seem like this statute applies to your situation.

    (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.
    I actually did read the statute, I think perhaps too optimistically.

    The words you highlighted, I interpreted to apply only to the quoted sub statute 46.61.120 which is only about single lane roads.

    So the whole statute I read to apply in all cases and that sub line to apply only to 46.61.120 (which may of course be incorrect).

    Otherwise I would expect the verbiage of this entire statute (425) to be included in the statue dedicated to one lane per direction driving rules (120).

    Does that make sense?

    - - - Updated - - -

    I took a deferral.

    Good to note, for those who research earlier. If I had followed Barry guidelines early enough (within 10 days of receiving my notice, file a speedy trial motion), based on the dates I could have motioned for dismissal successfully. They weren't within the 45 day window.

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