Can I get a speeding ticket if I was passing a vehicle?

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Can I get a speeding ticket if I was passing a vehicle?

I went to pass and had already committed to passing, so I had to speed up, and a cop gave me a speeding ticket but it wouldn’t have been safe for me to slow back down.

Asked on May 31, 2013 under Criminal Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, you can get a speeding ticket while passing: the fact that you want to pass does not exempt you from the speeding laws and, if you can't pass other than by exceeding the speed limit, you should not be passing. (I.e. you should not be passing someone who is at, or a bit under, the speed limit.)


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