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Is Passing an Excuse to Speed?

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Many law enforcement officers (LEO) confirm that courtesy goes a long way in favor of the driver when pulled over for speeding. When you do get ticketed, it is wise not to argue but sign your ticket, and call a traffic ticket attorney.

Some drivers believe there is this magic window of leeway while passing where you get to drive ten mph over the speed limit as you pass and until you can get back into the right lane. There isn’t; that’s a myth.

Prima Facie Speed Law

What drivers should be aware of is the allowance for what is “reasonable or prudent” according to CA Vehicle Code (CVC) 22350, Speed Laws. A knowledgeable traffic attorney could argue that although you were exceeding the posted speed limit, it was a clear day with limited traffic, so your speed was reasonable and prudent given conditions.

Speed Was the Safest Option

Speed could be allowable when you are faced with danger. If you are passing a vehicle and someone pulls up on your rear bumper quickly, and you fear you could get in an accident if you don’t speed up and get out of the way, it could be a legal defense. Escaping a road rage incident is also allowable, but all of these depend on how credible it seems to the judge.

Some judges even allow the “keeping up with the flow of traffic” excuse. But that is almost exclusively limited to VC 22350 violations of the basic speed law. However, these arguments are best left for a traffic attorney to argue as they know the local judge and if they accept that defense.

Please don’t get it in your head that hiring an attorney will cost more than the fine. Whereas, that’s quite probable, the fine is only the beginning. With a conviction for speeding or paid fine, you will have to pay to attend traffic violators school (TVS) and complete the course before the court-ordered completion date. Therefore, in addition to the fine, you will pay the court clerk for the privilege of attending and the tuition plus DMV filing fee.

If you are not eligible for TVS, the DMV will assess Negligent Operator Treatment System (NOTS) points. When your auto insurance company sees the points at renewal, they will see you as a higher risk, take your “good driver’s discount,” and raise your premium.

That increase will cost the average California driver $500 a year for three years, or $1,500. Do you still think a lawyer is more expensive than paying the fine? Whenever you get a traffic ticket for speed, following too closely, running a red light, or another, you should consult a traffic ticket attorney.

Traffic Attorneys Who Handle Tickets for Speed in Barstow, CA

Bigger & Harman, APC are traffic lawyers who handle tickets in Barstow, Bakersfield, SLO, Hanford, Visalia, Bishop, Lamont, and many other traffic courts in California. Call then at (661) 349-9300. Se habla Español (661) 349-9755.

You can also send an email attorney@biggerharmanlaw.com with a scanned copy of your ticket and a brief explanation of what happened. We will reply as soon as we come back to the office.

References:

CVC 22350, Speed Laws