Transportation and Vehicle Safety: Speeding ticket while passing another car, google search, radar ticket

Question
Hi,

I would appreciate your opinion of my first possible speeding ticket in more than 15 years. I was pulled over for 22349 (a) vc due to speeding in order to pass another vehicle on a two-way highway with one lane in each direction via radar. The officer saw that I had increased speed to 80 in order to safely pass the other vehicle and then dropped back to the speed limit of 65. Can you please advise me about this case? I am considering going to court. Thanks!  

Answer
Hello Art and welcome to AllExperts!

The section you have been cited for is the Maximum Speed Law. This is a "Never Exceed" violation, which by definition doesn't allow for any reasons for excuses, including the passing of another vehicle.

While law allows drivers to pass another vehicle on the left unless posted otherwise, we may never exceed the maximum posted speed while doing so.

To intentionally do so, and at a speed of 80 MPH per your statement and having been tagged by radar unfortunately is a slam dunk by the court. There would be no extenuating circumstances or mistaken identification involved.

A quick Google search of this violation would surface many parlor tricks to attempt in court to beat a radar ticket, however, officers know these defenses and have professionally altered their use of radar to eliminate such defenses. This is their profession and like any expert, they strive to do their very best to enforce the laws.

You should try to ask for traffic school to have this removed from your driving record.

I wish I could have given something more positive and helpful, but I would be less than honest or integrous to suggest anything else to you. I wish you the best Art!

Terry