Generally, state laws require no-passing zones to be identified with signs or appropriate pavement markings normally, solid double yellow lines. As with contesting any traffic ticket, fighting an unsafe passing ticket begins with looking up the statute you're accused of violating.
The number of the statute such as "W. With the code section, it's typically easy to find the text of the statute with an internet search. Reading the text of the statute should give you a good idea of the kinds of defenses that court work. For instance, with many statutes, proving a violation requires the government to show that the driver's actions were unsafe.
Whether a particular action of a driver was reasonably safe is a judgment call on the part of the officer who issued the ticket.
So, in defending against this kind of ticket, you might want to focus on factors such as good road conditions and clear weather that tend to make vehicle maneuvering safer.
And, if the officer wasn't in a position to view the situation clearly, you might want to bring this information out in cross-examination of the officer or in your own testimony.
The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Drivers must not pass within feet of a railroad crossing or intersection.
The precise distance at which passing is prohibited may differ in your state, so check your driver manual for local information. Keep in mind that passing near railroad crossings and intersections is prohibited, even if the vehicle you are passing appears to be stopped for no reason. At an intersection, it may be that the vehicle ahead of you has stopped at a pedestrian crossing for somebody waiting to cross the road. If you attempt to drive around them, you may injure or kill a pedestrian.
When a vehicle is stopped ahead of you at a railroad crossing, it is probably because a train is coming or because the law states that they must stop as is the case with school buses, hazardous material trucks and other large vehicles.
Do not attempt to pass in this situation, as it is dangerous and illegal. Passing on the right is more dangerous than passing on the left, as the driver you are passing may not anticipate the maneuver and it may require acceleration in a slower lane of traffic.
In most states, passing another vehicle on the right is prohibited except under certain conditions. For example, drivers may pass on the right:. If the motorist in front of them has indicated with lights or hand signals that they are about to turn left. If the vehicle ahead of you is disabled, slowing or stopping and the shoulder on the right side of the street is paved.
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Drew and his team were professional, caring, and prompt every. Ilieveski , Misc. See also the speed law list. Do the right thing! Hits since last counter reset:. The duty of slower traffic to keep right applies "notwithstanding the prima facie speed limits.
Slower traffic keep right and since all traffic yield left lane to traffic approaching from behind. Keep right if driving 10 MPH under speed limit, or slower than speed of traffic if conditions require speed below limit. May also use left lane to allow traffic to merge or "when traveling at a speed greater than the traffic flow. Slow-moving vehicles must move right if "imped[ing] Keep right except to pass.
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