Quote Quoting Speedy Gonzalez
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You will lose. You did not have to pass them, and I doubt any judge will believe that it was necessary to exceed the speed limit to complete your pass.
I am not sure what "Have" has to do with anything when law the specifically states anyone with a "Desire" to pass. I am legally allowed to pass any vehicle not going the speed limit if I do it safely.
RCW 46.61.425(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.